2030 CONGRESSIONAL- RECORD-HOUSE.\ MARCH 1,

1876, provided that the Secretary of the Interior be satisfied that Mr. SPRINGER. Then I will reserve the point of order until the the sam~ bas not been paid. end of the reading. The Committee on Claims proposed to amend the bill by adding: The Clerk resumed and completed the reading of the Journal as And that said Hickam give bond, with security approved by the Secretary of far as prepared. the Intelior, to hold the United States harmless against the payment of the origwal The SPEAKER. If there be no objection the Journal of yesterday check. will be approved. The amendment was agreed to. Mr. SPRINGER. I made the point of order that the Journal of The bill was reported to the Senate as amended, and the amend­ yesterday had not been read. ment was concurred in. Mr. BANKS. No point of order can be raised upon the Journal. The bill was ordered to be engrossed for a third reading, was read The SPEAKER. It is not a question of order. It is a question the third time, and passed. whether the Journal is correct. Mr. SPRINGER. I make the point of order that we cannot pro­ PROliOTIONS DT Alli.'IY STAFF DEPARTMENTS. ceed with business until the Journal of yesterday has been read under Mr. LOGAN. I am directed by the Committee on Military Affairs, Role 1 of the House; which is as follows: to whom was referred the bill (S. No. 124:3) to repeal the statute for­ 1. He (the Speaker] shall t-ake the chair every day precisely at the hom: to wbich bidding appointments and promotions in the staff of the Army, tore­ the House shall have adjourned on the preceding day; shall immediately call the members to order; and, on the appearance of a quorum, shall cause the Journal of port it back without amendment, and I ask for its present considera­ the preceding day to be read. tion. By unanimous consent the bill was considered as in Co)Ilmittee of Now, the Journal of the preceding day has not been read. A por­ the Whole. It repeals section 1194 of the Revised Statutes, now ap­ tion of the Journal of yesterday bas been read, but before we can plying only to grades in the Pay Department of the Army above the pass upon the approval of the Journal we must have it read as the rank of major. proceedings of the House yesterday indicate. I desire in this con­ The bill was reported to the Senate, ordered to be engrossed for a nection to call the attention of the Chair to a precedent at the close third rearling, read the third time, and passed. of the Forty-third Congress where the reading of the entire Journal was insisted upon and it was ruled by 1\h. Speaker BLAINE that it EXECUTIVE SESSION. was in order to have the Journal read and that the proceedings of Mr. CONKLING. Now I insist on my motion that the Senate pro­ the Honse must be stopped until the Journal was made up and. rt>-3d. ceed to the consideration of executive business. Mr. BANKS. The Journal bas been read, and if it is incorrect can The motion was agreed to; and the Sena,te proceeded to the consid­ be corrected. I move that it be approved. eration of executive business. Aft-er thirt-een minutes spent in execu­ Mr. SPRINGER. I insist upon my point of order. tive session the doors were re-opened, and (at four o'clock and thirty­ The SPEAKER. The Chair does not entertain the question of order. five minutes a.m., F1iday, March 2) the Senate adjourned. Mr. BANKS. I withdraw my motion. Mr. SPRINGER. I move to correct the Journal as read in my hear­ ing, and I know no other mode in which I could ascertain its contents, by inserting after the words" M.r. PIPER submitted the following re­ port; w bich is as follows :" the report itself. Mr. WOOD, of New York. I move to suspend the rule requiring HOUSE OF REPRESENTATIVES. the realing of the Journal. THURSDAY, March 1, 1877. Mr. MILLS. I move to lay that motion on the table. Mr. SPRINGER. I make the point of order that the motion of the The SPEAKER. The boor of twelve o'clock having arrived, the gentleman from New York cannot be made. Chair decides that a new legislative day has begun and the Chaplain The SPEAKER. The Chair rules that it can be made. will offer prayer. !h. SPRINGER. I make the point that the reading of the Journal Prayer was offered by Rev. F:rvu.JIT.IN BABBITI~ Rector of Grace cannot be dispensed with except by unanimous consent. Church, Nyack, New York. The SPEAKER. The gentleman frow. New York moves to suspend The SPEAKER. The Clerk will now read theJournal of yesterday. the rule which requires the reading of the Journal. :Mr. WOOD, of New York. I move that the reading of the Journal Mr. MILLS. I move to lay that motion on the table. of yesterday be dispensed with. Mr. SPRINGER. I demand the yeas and nays on the motion to 1\-h. WALLING and others objected. suspend the rules. The Clerk commenced the reading of the J oumal of yesterday, The SPEAKER. That is the gentleman's right. omitting therefrom the resolutions and reports. The que tion being taken or ordering the yeaa and nays, there Mr. SPRL.~GER. (interrupting.) I make the point of order that were-ayes 32, noes liO; less than one-fifth voting in the affirmative. the Clerk is not reading the Journal of yesterday. He is omitting a Mr. SPRINGER and others called for tellers. large portion. Tellers were ordered. • The SPEAKER. If the gentleman from illinois insists upon the Mr. GARFIELD. Then I renew the demand for the yeas and nays . . reading of tb.e papers the Chair desires to say that the Journal is uot 'I'he yeas and nays were ordered. made up, and it was impossible to make it up, and the gentleman's ·The question being taken, there were-yeas 175, nays 85, not voting objection would compel the omission of the reading of the Journal 30 ; as follows : altogether. YEAS-Messrs. Adams, Bagby, George A. Bauley, John H. Baker, William H. Bn.­ Mr. SPRINGER. I make the point of order that under the rules ker, Ballou, Banks, Belford, Bell, Blair, BlanU, B'i'ount, Bradley, John Young Brown, of the House we cannot proceed with business until the Journal of William R. Brown. Horatio C. BurcharU, Burleigh, lluttz, Campbell, Candler, Can­ non, Cason, Caswell, Chittenden, Conger, Crapo, Crounse, Culberson, Cutler, Dan­ yesterday ha-s been read and approved. ford, Darrall, Davy, Deni on, Dobbins, Dunnell, Durham, Eames, Eden, Egbert, El­ The SPEAKER. 'fhe Chair does not sustain that point of order. lis, Evans, Faulkner, Felt-On, l!'lye, Fort, Fo ter, Freeman, Frye, Garfield, Gibson, Mr. REAGAN. I move to dispense with the further reading of the Goode, Goodin, Gunter, Halo, Hancock, Harnlson, Hardenbergh. Benjamin W. Har. JournaL ris, John T. Harris, Harrison, Hartridge, Hartzell, Hatcher, Hath01n, llaym01ad, llays, Hendee, Henflorson, Abram S. Hewitt, Hill, Hoar, Hoge, Hopkins, Hoskins, Mr. WALLING, Mr. SPRINGER, and others objected. Honse, Hubbell. Hunter, Hurlbut, Hyman, Jenks, Joyce, Kasson, Kehr,Kelley, Kim· The SPEAKER. The Chair cannot have done what is impossible. ball, Lamar, George M. Landers, Lapham, Lawrence. Leavenworth, Levy, Lorll, Mr. WALLING. So much of the Journal as has been made up can Lynch, Magoon, MacDougall, McCrary, McDill, Miller, Monroe, Morgan, Nash, be read 7 Neal. New, Norton, Odell, Oliver, O'Neill, Packer, Page, Pa;rnc, Phelps, \Villiam A.. Pllillips, Pierce, Plaisted, Platt, Potter, Powell, Pratt, Rainey, Rea, Reagan, The SPEAKER. It will be read. John Reilly, James B. Reilly, John Robbins. Robinson, Sobieski Ross, ltusk, Samp­ The Clerk reRumed the reading of the Journal. son, Sayler, Schleicher, Seelye, Singleton, Sinnickson, Smalls, A. Herr Smith, Ste. Mr. SPRINGER, (interrupting.) I have made the point of order \enson, Stowell. Strait, Swann, Tarbox, Teese, Thomas, Thmnburgll, Throckmor. ton, Martin L Townsend, Washington Townscml, Tucker. Tufts, Van Vurhe11, during the reading of the Journal that the Clerk is not reading the Wait, Charles C. B. Walker, Alexander S. \Vallace. John \V.Wallace, Warner, W ;·· ·· Journal of the proceedings of yesterday at all, and that under the ron, Watterson, Erastus Wells, G. Wiley Wells, Wbite, Whitehouse, Whitin:;, Wil­ first rule of the Honse no business can be done until the Journal of lard, Andrew Williams, .Alpheus S. Williams, Charles G. Williams, James Will­ yesterday has been read and approved. iams, William B. Williams, Willis, James Wilson, Alan Wood, jr., Fernando Wood, Mr. BANKS. No question of order can Le raised on the reading of Woodbwn, \Voodworth, Yeates, and Young-175. NAYS-Mes~>rs. Ainsworth, Ashe, Atkins, John H. Baglay, jr., Bannincr, Beebe, the Journal until that reading has been completed. Blackburn, Bliss, Boone, Bradford, Bri~ht, Buckner, Samuel D. Burchard, Cabell, 1\ir. SPRINGER. I raise the point of order now. John H. Caldwell, William P. Caldwell, Carr, Cate, Caulfield, John B. Clarke of Mr. BANKS. But it cannot be raised now. Kentucky, John B. Clark.jr., of Mi ouri, Cochrane, Collius, Cook, Cowan, Cox. Dn.­ vis, De Bolt, Dibrell, Dougla-s, Finley, Forney, l!'ranklin, Fuller, Anurew H. llaruil· The SPEAKER. The gentleman can raise the point of order after ton, Henry R. Hanis, Henkle, Hooker, Humphreys, llurd, Thomas L. Jones, Knott, the conclusion of the reading by moving to correct the Journal. Lane, Lynde, :Mackey, Maish, McMahon, Meade, Mills, Money, Morrison, Mutchler, 1\!r. SPRINGER. Very well, sir; then I will wait. O'Brien. John F . Philips. Poppleton, Rice, Riddle, William M. Robbins, Robert-s, The Clerk again resumed the reading of the Journal. Miles Ross. Savage, Scales, Schumaker, Sheakley, Sleruons, William E. Smith, Southard. Sparks, Springer, Stauton, Stenger, Stone, Terry, Thompson, Turney, Mr. SPRINGER, (interrupting.) I submit the point of order that John L. Vance, Robert B. Vance, Waddell, Walling, Walsh, Whitthorne, Wiggin­ the Clerk is not reading the Journal, and I ask t.hat the Journal be ton. Wike. J ere N . \Villiams, and Benjantin Wilson-85. read. I understand, however, that I can make the point of order at NOT VOTING-Messrs. Abbott, Anderson, Bass, Chapin. Clymer, Durand, Field, the close of the reading. Gause, Glover, Robert Hamilton, Goldsmith W. H ewitt, Holman, HuiJton, Frank Jone.~, King, l<'rank.lin Landers, LeMoyne, Lewis, Luttrell, McFarland, Metcalfe, The SPEAKER. Whenever the point of order is raised tho Chair Milliken. Piper, Furman, Stepllens, Waldron, Gilbert C. Walker, ·ward, Wheeler, will decide it. au!l Wilshire-:.!0. ,;I 1877. CONGR.ESSIONAL RECORD-HOUSE. 2031

So (two-thirds voting in favor thereof) the motion to suspend the the Secretary of _State shall send a. special messenger to the district judge in whose rules and dispense with the reading of the Journal was a,greed to. custody one certificate of the votes from that State has been lodge«, and said i uuge During the roll-call the following announcements were made: shall forthwith transmit the list to the seat of Government. " The telegram, the letter, the papers, submitted here last evening, Mr. STENGER. My colleague, Mr. CL Y?viER7 is absent, engaged on a conference committee. all show that the copy required by law of this certificate is deposited Mr. GOODE. My colleague, Mr. HU:NT0~7 · is detained from the with t.he clerk of the district court at Montpelier, Vermont. House by sickness. Now, sir, if gentlemen on the other sijecr,ions, it became single return it is the duty of the two Houses immediately to proceed his duty to open that certificate nnder the law, and t he President of anfl deci

Therefore I say the point of order is not well taken. The clause of Mr. WOOD, of New York. I offer an amendment to the resolution the law which the gentleman from New York cites in support of the of the gentleman from Ohio, which I send to the Clerk's desk. point of order applies to a State from which it is conceded there is Mr. CAULFIELD. I propose to modify the resolution offered in but a single return, and not to a State from which it is contended, as accordance with the ruling of the Speaker. the resolution of the gentleman from Illinois does, that there are The Clerk read the amendment of Mr. WooD, as follows: du8>l returns which should l.Je submitted to the commission. Ordered, That the vote of Henry N. Sollace, claiming to be an elector from the Mr. REAGAN. I desire to say a word or two on this matter bear­ State of Vermont, be not counted. ing on the question of order. At the joint meeting of the two Houses !tlr. HOOKER. I raise the point of order that the amendment is on yesterday, after the reading of the returns which came to the not pertinent to the resolution. ha.nds of the President of the Senate, it was proposed to present an Mr. CAULFIELD. It is not germane at all. additional return which appeared in the hands of one of the Repre­ The SPEAKER. The Chair entertains the amendment of the gen­ sentatives of the State of New York; and that return was presented tleman from New York [Mr. WOOD] as a substitute for the resolution to the President of the Senate. He declined to receive that return of the gentleman from Ohio. on the ground that it did not come to him as required by the law which Mr. CLARK, of Missouri. The gentleman from Ohio [1\Ir. PoP­ provides as follows: PLETO"N] has not yielded the floor. The electors shall dispose of the certificates thus made by them in the following The SPEAKER. The gentleman from Ohio had the floor, and the manner: gentleman from New York now moves to amend the proposition by 1. They shall, by writing under their hands, or under the hands·of a majority of them, appoint a person to take charge of and deliver to the President of the Sen­ this substitute. ate, at the seat of Government, before the first Wednesday in January then next !tlr. CLARK, of Missouri. I understand the gentleman from Ohio ensuing, one of the certificates. had the floor. There is no pretense in the objection, and there is no pretense in The SPEAKER. He had not the floor beyond the presentation of the argument that the certificate here presented comes within the the resolution; that is as clear as day. If the gentleman means to requirement of the law by being certified and sent by the proper per­ say he is entitled to the floor for debate he is right. sons to the President of the Senate within the time required by law, Mr. CLARK, of Missouri. He was entitled to the floor on the and there is no pretense that it comes through an official channel. It resolution be introduced. bas no more significance than any other paper coming in an unofficial The SPEAKER. He is entitled to the floor under the law for ten way after the time fixed by law had expired. minutes when the debate shall commence. It has occurred to me that the democracy of Vermont must have Mr. KNOTT. I offer the following as a substitute for the resolution: been singularly derelict in their duty if they waited for others, when Resolved, That this House require that the packaae tendered by the mcmbor froiD New York [Mr. HEwrrrJ to thePresidentof the 'Senate in the presence of the the counting of the presidential vote was going on, to take the ~uar­ two Jiouses on yesterday and purporting to be a. certificate of the electoral voto for dianship of their interests, and to take steps to secme their nghts the President. and Vice-President of the United States in the State of VeriDont, shall which they had not themselves thought it necessary to take. But be opened by the President of the Senate in the presence of the two Houses, antl f if found to be such a certificate, the same shall be submittecl, together with the cer­ what is the effect of the motion now pending Is it to consider the tificate read in the presence of the two Houses, t-o the electoral commission for objection made yesterday in the joint convention-and what other its jndgment and decision, and that the Senate be requested to make a like order, objections than those made yesterday can be considered 7 requiring the President of the ::5enate to open said pack~~e in the presence of the But that is not the resolution. The object of the resolution, and two Houses ; and until such order be made the House will not be reatly to meet the that goes directly to the point of order, is to re-open the count of the_ Senate to proceed with the count of the electoral vote. State of Vermont, to notify the Senate that the Vice-President re­ Mr. POPPLETON. I will acce~ that as a substitute for my reso­ fused to open a certificate of election, aud that the House of Repre­ lution. sentatives considers that he haa been derelict in his duty, and has Mr. MILLS. 0, no. Let us vote on your resolution. failed to comply with the law, and therefore it summons the Senate Mr. POPPLETON. I accept it in place of my resolution, and npon back here in order that the law may be complied with and the certifi­ it I call the previous question. cate opened. At the joint meeting of the two Houses yesterday this Mr. ·wooD, of New York. I believe I have the floor on my amend.­ paper waa presented and a refusal was made to receive it. Tlle Sen­ ment. ate retired to its Chamber and has taken its action upon the vote of 'l'he SPEAKER. When the proposition of the gentleman from Vermont and concluded all it has to do upon that subject. I will say Ohio [Mr. PoPPLETO~] was submitted, the Chair recognized the gen­ further that the will of the people of Vermont would be manifestly tleman from New York [Mr. WooD] to offer an amendment., and also defeated by the proposed action. It seems to me that it is now pro­ recognized tlle gentleman from Kentucky [1\Ir. KNO'IT] to offer a sub­ posed to raise a new question outside of the question before the stitute for the amendment-, which is an amendment in the second House for its decision. It asks us to do a very extraordinary thing. degree, and all that can be moved under the rules. The Chair doubts If we have the power to make a new issue to-day, to pass a resolu­ the right of the gentleman from Ohio, [Mr. POPPLETON,] except by tion to re-open the count and disregard the action that was taken on unanimous consent, to withdraw his resolution after it has been en­ yesterday, then any other question can be brought up at this time. I tertained and an amendment offered to it. submit, therefore, upon the point of order that we can no more con­ Mr. O'BRIEN. The gentleman from Ohio [Mr. POPPLETON] had sider the question presented by this resolution than we could con­ not yielded the floor to the gentleman from New York [b!r. WooD] sider any measure of current legislation at this time. The resolu­ to ofl'er an amendment. tion proposes a new question in disregard of what was done yester­ The SPEAKER. It was not necessary that he should ·yield it; the day and are-instruction of the House and the Senate as to their gentleman from New York [Mr. WooD] took the floor in his own duty. It seems to me that the only thing we can now do is that pro­ right for that purpose. posed by the gentleman from New York, [Mr. WooD,] to proceed in Mr. SPRINGER. I rise to a question of order. The gentleman the ordinary mode to consider the objections to the vote of the State from Obio [l'tlr. POPPLETON] submitted a resolution upon which a. of Vermont which were filed yesterday. point of order was made by the gentleman from New York, [Mr. Sir, I am not the keeper of the consciences nor have I the caro of WooD.] The Chair ruled that a portion of the resolution was in the action of others; but I take occasion to express my regret that order and a portion of it was not in order. Therefore that portion when there are so many great, valid, and substantial objections to of the resolution which is in order is pending before the House, and that which has been done we cannot rest upon that which bas sub­ the gentleman from Ohio [Mr. POPPLETON] desires to submit that stance and which will command our own respect and that of the conn­ portion of his resolution which is in order in the words before the try, but resort to that which it seems to me can command the respect Honse. of no man. The SPEAKER. The gentleman has a right to modify his resolu­ The SPEAKER. The Chair desires to say that, with great respect tion, but tllat does not prevent the gentleman from New York [1\Ir. for all the parties concerned, he considers that a grave mistake and WooD] from having the ri~ht to move an amendment to it. wrong was committed yesterday in thejointmeetingofthe two Houses Mr. SPRINGER. That IS true; but the gentleman from Ohio is in this: that the Presiding Officer refused to receive even for opening entit.led to have his resolution submitted in the shape which the and reading for information a package which had all the surround­ Chair has ruled would be in order. ings of an authentic and duly attested paper in relation to an elect­ The SPEAKER. The Chair makes no objection to that. oral vote of the State of Vermont. The Chair, in one aspect of this Mr. SPRINGER. That is all we want. case, thinks that he would be called upon to rule that the action of 1\lr. POPPLETON. That is the position which I assumed at once the Presiding Officer of the joint convention on yesterday was wrong. upon the announcement of the Speaker of his decision, and upon He does not think that he possesses that power; neither in a technical that I called the previous question. sense, as he understands it, does he believe that the action of the joint The SPEAKER. The Chair understood, and the gentleman from convention can be reviewed in this House in the manner proposed. Ohio certainly stated that he accepted another proposition, the one And yet there is above all a fact upon which this matter rests, and offered by the gentleman from Kentucky, [Mr. KNoTI,] which the that fact is, whether this House shall have possession of that paper; Chair thinks he could not do so as to take away from the gentleman and to that extent, and that extent only, the Chair thinks that the from New York [Mr. Woon] the right to offer an amendment to the resolution offered by the gentleman from Ohio, [Mr. POPPLETOY,] in original resolution. so far as it request-s the return of that paper from the Senate, which, 1\ir. POPPLETON. I regard the proposition of the gentleman as the allegations in the preamble stated, was taken away from here from Kentucky as almost identical with the intimation of the Speaker in an undue manner-that this proposition is in order. as to the course which should be pursued. 1877.. CONGRESSIONAL RECORD-HOUSE. 2033

The SPEAKER. The Chair had not ruled out of order the propo­ his point of order in that respect. The gentleman from Ohio [Mr. sition of the gentleman from Kentucky, but has said that it is in the POPPLETON] is recognized under the law to address the House upon nat.ure of an amendment in the second degree, and that the power of the subject of the objection. amendment can go no furth_er under the rules or under the law. Mr. SPRINGER. How much time is the gentleman entitled to f Mr. MILLS. I desire to make a parliamentary inquiry. The SPEAKER. Under the law, to ten minutes and no more; and Mr. SPRINGER. I want to know what is the proposition before he can s-peak but once. the House at this time Y Mr. O'BRIEN. Do I understand the Chair to rnle that the two Mr. MIL.LS. Is it in order to move to lay on the table the proposi­ hours' debate is now to ·commence f tion of the gentleman from New York Y The SPEAKER. The Chair so rules. The SPEAKER. The Chair does not see how the gentleman can Mr. O'BRIEN. I put this question to the Speaker : Supposing that. navigate in between two other propositions for that purpose. after the two hours' debate shall have been exhausted the proposi-l 1\Ir. MUTCHLER. I rise to a parliamentary inquhy. tion of the gentleman from Ohio is sustained, and the President of ~ The SPEAKER. The gentleman will state it. the Senate delivers to us that return, have we not the right to con-1 Mr. MUTCHLER. Is it in order for this House to entertain a reso­ aider and discuss that in another two hours' debate Y lution as to whether it will or will not count a vote which has not The SPEAKER. That is a. speculative inquiry. [Laughter and been presented in the joint meeting of the two Houses Y The gentle­ applause.] man from New York [Mr. WOOD] offers a resolution that a certain Mr. EDEN. I call for the regular order. vote from Vermont be not counted. I hold that it is not in order for Mr. CAULFIELD. I wish to make a parliamentary inquiry. Do the House to entertain any such resolution until the certificate is I understand that the two hours' debate allowed by the law is to be­ opened and laid before the two Houses in joint meeting. gin now, under the ruling of the Chair! The SPEAKER. This entire subject is within, and should be wit.h­ The SPEAKER. The gentleman is right in so understanding. in the control of the maj01ity of this House. Mr. CAULFIELD. Well, sir, I appeal from that decision. I con­ Mr. SPRINGER. I desire to make a further point of order in re­ tend that there is no power in this House to proceed to the consider­ gard to the proposition of the gentleman from New York; that under ation of this question until we know what the question is. Under' the law known as the electoral bill, there having been presented two the present circumstances we do not know what the question is. certificates from the State of Vermont-- The SPEAKER. That is for the House to determine, not the The SPEAKER. That is just the fact that the Chair alluded to in Chair. his decision. Mr. CAULFIELD. But until that certificate is opened it is im­ Mr. SPRINGER. Two returns having been made from that possible for us to know what objections we are to consider. State- 1\!r. O'BRIEN. We must have the certificate before we can discuss The SPEAKER. The Chair has ruled upon that point of order. and vote upon this question. Mr. SPRINGER. How does the Chair know he ha~ ruled upon the :Mr. WATTERSON. I rise to a parliamenta,ry inquiry. I wish to point of order until I have presented it Y know whether the progress of this debate is in order or not. Mr. EDEN. I rise to make a point of order. The SPEAKER. It is in order. The gentleman from Ohio [Mr. The SPEAKER. The gentleman will state it. PoPPLETON] is recognized ; and if he does not desire to speak the Mr. EDEN. As no further amendment is in order, is it not now in Chair will recognize some other gentleman. order to proceed with the two hours' debate under the law Y Mr. O'BRIEN. Does not the Chair ent~rtain the appeal from his The SPEAKER. That is not only in order, but subsequent to that decision f debate it is in order for the House to be compelled to vote on the main Mr. CAULFIELD. I insist on my appeal from the decision of the question, which covers the three propositions before the House, the Chair. resolution and the two amendments. The SPEAKER. The Chair declines to entertain the appeal. Cries of " Regular order ! " Cries of "That is right," and applause. Mr. TUCKER. I rise to a point of order. Mr. SPRINGER. I hope the Chair will not insist upon that posi­ The SPEAKER. The gentleman will state it. tion. This is one of the most important questions that ever came Mr. TUCKER. I raise the point of order upon the amendment of before this House. [Cries of " Regular order!''] I insist that this ap­ the gentleman from New York [Mr. WooD] that it isnotgermane to peal must be entertained and that we must know whether this is a the oria-inal proposition. case that ha gone to the commission or whether it is now to be con­ The §PEAKER. The Chair has also decided that point. sidered by the separate Houses. This is not a. dilatory motion, bnt Mr. TUCKER. Will the Chair allow me to state my reasons f one that arises upon a vital provision of the electoral law ; and I ask The SPEAKER. The Chair will hear the gentleman. the Chair to entertain the appeal. Mr. TUCKER. The resolution of the gentleman from Ohio [Mr. The SPEAKER. The Chair considers that he is bound by the POPPLETON] looks to the recovery of the paper taken out of the pos­ law-- session of the House, upon the recovery of which it may appear that 1\Ir. SPRINGER. I want the law enforced. there are two certificates from the State of Vermont, which would The SPEAKER. And the law is as plain as the day. necessitate the reference of the question of its electoral vote to the Mr. SPRINGER. If this case under the law has gone to the com­ electoral commission. mission, it is there now by the operation of the law and we have The proposition of the gentleman from New York [Mr. WooD] is nothing before us. a proposition upon the whole subject, as if there was only an objec­ The SPEAKER. This House has it within its power by a majority tion to a single return. vote to call from the Senate that paper. If that is voted upon~ and we notify the Senate of our decision upon Mr. CAULFIELD, Mr. O'BRIEN, and others. Whenf that question, how shall we ever get a vote on the second return, if The SPEAKER. Surely gentlemen will not say that the Chair has there is one Y that power. The SPEAKER. That is the very point. It is within the province 1\Ir. WALLING. But we ask for a vote first on calling that paper of a majority of this House to settle that question and not within from the Senate. the province of the Chair to rule upon it. Hence the Chair alluded Mr. O'BRIEN. We want that question decided now, whether we to it as a question of faot which the majority of this House had the have the right to send to the Senate for that certificate. right to determine. Mr. BEEBE (who addressed the Chair amid cries of ''Order I" and Mr. TUCKER. I apprehend, sir-­ great confusion) was understood to say: Mr. Speaker, I have stood Cries of " Regular order ! " with the majority of this House against every proposition to delay Mr. O'BRIEN. I rise to a question of order. obedience to this law. I acknowledge my obligations under that law. The SPEAKER. The Chair will hear it. I recognize the further fact that we are here not only under that, but Mr. O'BRIEN. It is this: that the preliminary question raised by in the exercise of every prerogative and privilege guaranteed by the· the resolution of the gentleman from Ohio must be determined before Constitution to this House. [Cries of "Order!" mingled with ap­ we enter upon the two hours' debate on the objections, for this reason: plause.] Will the Chair entertain the motion-- If the resolution of the gentleman from Ohio is determined in the The SPEAKER. The Chair will entertain no motion. affirmative, then it is our right to have before us the return which is Mr. BEEBE. Then I charge the Speaker with doing what I have now in the possession of the President of the Senate; and until we complained of the electoral commission for doing, violating the very have the question decided whether we are to have that return before law under which we are operating. us which is not now in our possession, the two hours' debate upon the Mr. RICE. The Speaker is usurping power. objections cannot of course begin. The SPEAKER. The Chair usurps no power. The SPEAKER. That is not a question of order at all; it is a ques­ Mr. BEEBE. Ninety mem hers of this House demand that appeal tion for the judgment of this House. If a majority of the House agree from the decision of the Chair, and it cannot be had. in judgment with the gentleman from Maryland, they will vote ac­ Mr. MILLS. I hope that usurpation is not becoming ~o incapaci­ cordin~ly and so reach that preliminary question. ting as to ca.use usurpation of power over members of this House. Mr. O'BRIEN. Mr. Speaker, [cries of" Regular order!"] I do not The SPEAKER. The Chair neither usurps nor does he permit op­ desire the Speaker to rule upon the question raised bythe gentleman pre sion upon the Chair. [Applause upon the floor and in the gal­ from Illinois, [:Mr. EDEN,] that the two hours' debate be allowed to leries.] go on. I desire that question to be reserved by the Speaker until this 1\Ir. BEEBE. Will the Chair state the rea.son for bis rulingT matter is decided upon the resolution of the gentleman from Ohio. Tbe SPEAKER. The Chair decides according to his conscience The SPEAKER. Then the gentleman from Maryland withdraws and the law. V-128 .:~ 20:14 CONGRESSIONAL RECORD-HOUSE. MARCH . l,

Mr. BEEBE. Will the Chair state the reason for his rulingf The SPE~R. The Clerk will read the twenty-second rule. Mr. WELLS, of Mississippi. I ask whether-- The Clerk read as follows : [Here there was great confusion in the Hall, members rising and It shall be t.he duty of the Sergeant-at-Arms to attend the House during its sit­ tings ; to aid in the enforcement of order, under the tlirection of the Spe3.ker; to standing.] execute the commands of the House from time to time, together with all such proc. Mr. BEEBE, (standing on top of one of the desks.) I demand to ass, issued by authority thereof, as shall be directed to him by the Speaker. know the reason why the Chair refuses to state his reasons for re­ fusing to hear an appeal. [Applause.] With all respect to the The SPEAKER. In obedience to the rule which has just been read, Chair I ask him to state the reason of his ruling. the Sergeant-at-Arms and his deputies will clear the lobby and see that Mr. SPRINGER. I demand that the galleries be cleared. order is maintained. The Chair is resolute in this respect. :Mr. BEEBE. From my plaoo in this House I now under the rules :Mr. SAVAGE. I desire to call the attention •Jf the Chair to the ask the Speaker of this House respectfully to state the reason for fact that the cloak-rooms are now filled with parties not entitled to his refusal to entertaiu the motion which I make. the privileges of the floor, who have simply gone from the floor to The SPEAKER. The Chair gave his reasons at length <1n a. similar the cloak-rooms. proposition yesterday. The SPEAKER. The Sergeant-at-Arms will govern himself accord- Mr. CAULFIELD. We have no recollection of any such proposi­ ingly. - tion having been made. After an interval during which the floor of the House and the cloak­ Several MEMBERS. It never has been. rooms were being cleared by the Sergeant-at-Arms and his deputies Mr. JONES, of Kentucky. If the Chair ruled that way yesterday of persons not entitled to the privileges of the floor, he must have ruled wrongly. The SPEAKER. Members will be in order and cease conversation. Mr. FRANKLIN. We demand that the appeaJ. from the decision The gentleman from Ohio [1\Ir. WALLING] desires to ask a question. of the Chair be placed before the House. !Ir. WALLING. I desire to inquire if this debat.e proceeds now Mr. SPRINGER. Mr. Speaker, I move this House now take n re­ whether at the end of the two hours the House will then be permitted cess until to-m01·row at ten o'clock. to take a vote on the proposition of the gentleman from Kentucky Mr. BEEBE. I claim that I have some rights upon this floor. I [Mr. KNO'IT] modifying the original proposition of the gentleman claim that courtesy from the Chair that I always have cheerfully from Ohio, [Mr. POPPLETON,] to wit, that that paper be required to rendered to him. be returned here before the vote is taken on the resolution Y The SPEAKER. The Chair will proceed with the public business. The SPEAKER. Undoubtedly. Mr. BROWN, of Kentucky. I ask, Mr. Speaker, that the officers of Mr. WALLING. I wish to ask further whether on that vote be­ this House enforce order. ing taken, and the House deciding to make that request, it will be Mr. MONEY. Let them try it. made before the House acts on the proposition of the gentleman from Mr. BROWN, of Kentbcky. They can do it. New York! Mr. SPARKS. Let them try it. The Sl'EAKER. The first vote will be on the proposition of the Mr. BROWN of Kentucky. I demand that they enforce order upon gentleman from Kentucky, [Mr. KNo'IT.] If that prevails, of course you and all others who are out of order. If I were an officer of the the House will have to wait until that resolution of the House is ex­ House I would try it. [Applause.] ecuted by the Senate or until some answer is made to it. The SPEAKER. The Chair is determined that gentlemen shall Mr. RICE. I wish to inquire whether it would not be more proper, take their seats. The Chair is uot going to submit longer to this dis­ eminently so, to have this question settled beforehand-before the order. [Loud applause on the floor and in the gaHeries.] If gentle­ debate takes place. men forget themselves it is the duty of the Chn,ir to remind them The SPEAKER. The Chair has already ruled on that, that the de- that they are members of the American Congress. [Renewed ap­ bate now commences. plause on the floor and in the galleries.] Mr. HARRISON. May I be permitted to say one word t 1\Ir. GLOVER. I appeal to members of this House-- The SPEAKER. Certainly. Mr. SPARKS. The Chair is simply the Speaker of this House of 1\Ir. HARRISON. I understand the debate now is to be upon the objec­ Representatives. We are the representatives of the people. [Ap­ tions that are before the House. I ask, is not a part of those objec­ plause.] tions a. sealed paper of which we have not possession t Mr. BEEBE. I respectfully ask-- The SPEAKER. There is allusion in these objections to a sealed Mr. SPARKS. Look at these lobbies, Mr. Speaker. I have tried paper; but that is not a part of the objectionst because that paper is to get the Speaker's ear so that I could direct attention to them. We in the possession of the President of the Senate, naving been addressed are mobbed by the lobby! Here is the rule, [holding up the Manual,] to him as President of the Senate. and we ask the Chair to enforce it. [Applause.] 1\Ir. HARRISON. If the Speaker will look at the objection offered Mr. BROWN, of Kentucky. It is not the lobby, sir. by the gentleman from Illinois [1\lr. SPRINGER] he will see that the Several MEMBERS. It is. contents of that package are made a part of the objection. Mr. BROWN, of Kentucky. The lobby would be ashamed of it. The SPEAKER. Nothing in the objection submitted by the gentle­ [Applause.] man from Illinois can alter the fact. 1\Ir. SPARKS. So too the American people are ashamed of the ac­ Mr. HARRISON. I wish to discuss this question understandingly. tion of members, some too claiming to be democrats. [Applause.] There is a paper somewhere which has been made a part of the ob­ Mr. GLOVER. I appeal to every member of this House t.o try to jection of the gentleman from Illinois. We are now about to pro­ contribute something to its order and its respectability. The time ceed with the discussion under the two-hours debate, while we have must come when we must haveorderin this Hous~, and it is the duty no ideawhatwe are discussing. I am not one of those who want de­ of every member now to give aid to restore order in this House. lay. I want to prevent it. The SPEAKER. The Chair desll:es every gentleman who is not a The SPEAKER. Debate is not in order. member of this Congress to retire. 1\Ir. CAULI<"IELD. I rise to a parliamentary inquiry. Mr. COX. I call for the reading of the one hundred and thirty­ Mr. BEEBE. It is in order, Mr. Speaker, to discuss-- fourth rule and its enforcement promptly. The SPEAKER. The gentleman from New York [Mr. BEEBE] is Mr. SHEAKLEY. I ask for the reading of the rule. not in order, not having been recognized. The gentleman from Illi­ The SPEAKER. The Chair orders that the spaces behind mem­ nois [Mr. CAULFIELD] has been recognized by the Chair to ask a bers' desks on both sides of the House shall be cleared. That he has question. the right to do, and it is in the interest of good order. Mr. CAULFIELD. I wish to refer to the provision in the first sec­ Mr. COX. I have the right to have read the one hundred and thirty­ tion of the electoral law: fourth rulo. I desire to say with all respect to the Chair that the rule Wben all objectiona so made to any vote or paper from a State shall have been should be enforced in the cloak-room as wellM on the floor. received and read, the Senate shall thereupon withdraw, and such objectiona shall lli. BURCHARD, of Illinois. On that side of the Hotl86. be submitted to the Senate for its decisiOn; and the Speaker of the House of Mr. COX. On both sides of the Honse. !:~~:W.:::fu~si~~~i~~e manner submit such objections to the House of Rep. 1\Ir. WATTERSON. In the cloak-room as well as on the :floor. Under that law I now ask the Speaker to submit the objection of The SPEAKER. The Sergeant-at-Arms is discharging his duty in the gentleman from lliiuois [Mr. SPRINGER] to the House. that connection, as the Chair understands. The SPEAKER. All the objections were submitted on yesterday After an interval, and were read at length. Mr. SHEAKLEY. I call for the reading of the rule on page 115 of Mr. CAULFIELD. But the papers are not in your possession or the Dil!est. in the possession of this House to submit. There is nothing to sub­ The SPEAKER. Rule 134 will be read. mit. The Clerk read as follows : The SPEAKER. The objections were all read yesterday. No persons, except members of the Senate1 their Secretary, heads of Depart,. Mr. CAULFIELD. We ask you to submit the objections for de­ lJ?.ents, ~e President's Private Secretary, form~ ministers, the governor for the bate. I ask the Speakertosubmitunderthe lawthe objectionofMr. time bern~ of :my State, Senators and Representatives elect. judges of the Supreme Court of the Urn ted St.ntes and of the Court of Claims, and such persons as have SPRINGER to the House for debate. by name received the thanks of Con~ss, shaH be admitted within the Hall of the The SPEAKER. The Chair is going to do it, and recognizes the House of Representatives or :my of the rooms upon the same floor or opening into gentleman from Ohio [Mr. POPPLETON] as entitled to the floor fo:r ten the same: l'rovided, That ex-members of Uongress who are not interested in any minutes. c~ pe:J?-di?-g before Congress, and shall so register themselves, may also be ad· nntted within the Hall of the House; and no person except those herein specified !Ir. CAULFIELD. I ask to have that objection read, shall at any time be admitted to the tloor of the House. The SPEAKER What objection f 1877. CONGRESSIONAL RECORD-HOUSE. 2035

Mr. CAULFIELD. The objection of Mr. SPRINGER. not only declined to receive the paper, but had it not in his possession, The SPEAKER The objections were read yesterday. bas it not now, has not held it at all, and directed the Secretary of the Mr. CAULFIELD. They were read here yesterday in the presence Senate not to take it, as not being a. paper he was entitled to; and that of the two Houses .for information. the Secretary of the Senate did not take it from the House, and the Mr. O'BRIEN. The House is certainly entitled to one ren.ding of last known of it is that it was lying on the Clerk's desk near the Sec­ the objection. retary of the Senate. Mr. BEEBE. I rise to a question of order. Objection having been Mr. STONE. I saw him put it in his pocket. made to the reading, I ask that the question be submitted to the House The SPEAKER. There is one thing certain, that the Chair has not under the former rulings of the Chair. posses ion of it, never hn.d possession of it, and is not able to get it. Mr. GARFIELD. I ask for the regular order. Mr. CAULFIELD. There is evidence that he did take it. Mr. CAULFIELD. And I am asking for the regular order, and that Cries of " Regular order!" - · is the reading of the objection so that we may know what we are con­ Mr. CAULFIELD. I ask the gentleman from New York, [Mr. sidering. HEWIIT,] how this paper wai indorsed f The SPEAKER. The Chair will cause the objection to be read. Renewed cries of'' Regular order!" The Clerk read the oujection. Mr. CAULFIELD. Have I not a right to a-sk the gentleman so that Mr. SPRINGER.· I ask now that the sealed pa~er that was handed we may know what the paper purported to be f in at the desk yesterday at the joint meeting of the two Houses with :Mr. CANNON, of illinois. What is pending before the Honse f the objection be produced. The SPEAKER. The gentleman from Ohio [Mr. POPPLETON] is The SPEAKER. The gentleman asks an impossibility, and the recognized by the Chair to proceed with the debate. . Chair is not presumed to be able to do what is impossible. Mr. POPPLETON. I am ready to proceed whenever lean be heard. Mr. SPRINGER. Then how can we proceed to the consideration of The SPEAKER. The gentleman from Ohio states that he is ready the question when you have it not even in your possession T What to proceed when order is restored. Gentlemen will take their seats are we to consider f Where are the papers f and the House will come to order. Mr. PAGE. I would like to know if the gentleman from Illinois Mr. BEEBE. 1\Ir. Speaker-- [Mr. CAULFIELDl is to occupy the floor for the whole day! The SPEAKER. No one is entitled to the floor except the gentle­ Mr. CAULFIELD. I will if it is necessary to maintain the rights man from Ohio. of the American people in this House. Mr. BEEBE. Can I not rise to a point of order f The SPEAKER. Well, there are other persons here who are able Mr. COX. I rise to a point of order, and offer a resolution for the to take care of the rights of the people as well as the gentleman from return of the paper to this House. Iilirtois, [Mr. CAULFffiLD.] The SPEAKER. That resolution is already pending before the Mr. CAULFIELD. I want the Chair to understand that I am able House. No other resolution is in order than those now pending be­ to take ~are of the rights of my own constituents. fore the House. The SPEAKER. The President of the Senate took with him the Mr. O'BRIEN. As a preliminary resolution, let the gentleman from paper to which the gentleman from Illinois [Mr. CAULFmLD] alludes, New York [Mr. Cox] present the one he has indicated. which was a paper, so far as the occupant of the chair knows, ad­ The SPEAKER. There is a resolution now pending before the dressed to Mr. FERRY, Presiding Officer of the Senate. How is it, Honse, and an amendment to an amendment pending thereto, and no therefore, possible that this House c'l.n cn.ll for its reading T other resolution is in order. 1\Ir. CAULFIELD. Then we cannot proceed to the consideration Mr. BEEBE. Is not a. point of order in order T of the objection. Mr. COX. I bow to the decision of the Chair, but I think the way The SPEAKER. The paper is not a part of the objection. I have indicated would be the proper way to settle this matter. 1\Ir. RICE. It was submitted as a. part of the objection. Mr. BEEBE. I rise to a point of order. Will the Chair entertain itT Mr. CONGER. The President of the Senate refubed to receive that The SPEAKER. The Chair will listen to it. paper and never has bad possession of it. . l\Ir. BEEBE. The point of order is that the law provides that 'fhe SPEAKER. But the Chair was advised that it was taken hence "after such clebll.te shall have lasted two hours, it shall be the duty by either the gentleman to whom it was addressed or else by some of each House to put the main question without further debate." I officer of the Senate who acted in his st.ead. submit that after the two hours' debated shall have ueen exhausted, it Mr. BANKS. It was not taken by the Presidont or by the Secretary will not be competent under the law for this House to send for the of the Senate. paper which is called for in the resolution last submitted; it cannot Mr. CONGER. It belongs to Mr. HEWITr, of New York, a member send for it then. My point is that if we are to have it at all we must of this Honse. necessarily send for it now. . The SPEAKER. On the contrary, it wns not given back to the The SPEAKER. The Chair will only state that if the House gentleman from New York, [Mr.HEWITr.] It was refused to be given wants that paper all the House has to do is by a majority vote to send back to the gentleman from New York, and so far as the Chair under­ for it. stands it was taken from here by some officer of the Senate. Mr. LANE. That is all we want. Mr. O'BRIEN. I think we ought to have it if we can get it~ Mr. COX. I offer a resolution-- The SPEAKER. The Chair is unable to get it. 1\Ir. BEEBE. The Speaker will not allow the House to say whether Mr. O'BRIEN. 'fhe Honse of Representatives ought then to send it wants it or not. to the Senate, or to any officer of the Senate who has it in his posses­ Mr. CAULFIELD. When can we get itt sion, and demand it. Mr. BEEBE. We cannot get it after debate; that is my point of Mr. COX. I rise to a parliamentary inquiry, and it is, whether the order. Chair could entertain a proposition a-sking for the return of that The SPEAKER. On the contrary, the House can get it after de­ paper to the House T bate, if majority say so. Mr. O'BRIEN. That is n.ll we want. Mr. BEEBE. But the law says that you cannot further debate it. The SPEAKER. That is the proposition now pending, and if a The SPEAKER. A new question will then be raised under the majority of the House sees fit, they can vote for it and it will be law, if the Honse calls for the paper by a majority vote. adopted. Mr. CANNON, of Illinois. I rise to a point of order. The confusion Mr. KELLEY. The gentleman from New York [Mr. HEWITT] de­ is so great that I cannot hear the gentleman from Ohio. sires to rise to a question of privilege. The SPEAKER. The Chair desires to state that the time of the Mr. HEWITT, of New York. I rise to a question of privilege. The gentleman from Ohio is running. If he does not wish to proceed-­ Chair baa made a. statement which I desire to correct. The Chair in­ Mr. POPPLETON. Why, Mr. Speaker, !cannot proceed in this con­ advertently made the statement that the gentleman from New York fusion. I am ready to proceed a-s soon as order is restored. [A pause, demanded back the possession of the paper. That is an error. I during which the House wa-s called to order.] never demanded ba{lk the possession of the paper, because it did not l\Ir. Speaker, I do not propose to discuss this question at any length. belong to me; but the la-st I saw of it it wa-s in the possession of the Very much time has been exhausted in endeavoring to a8certain the Secr~tary of the Senate, who stated that it was the private property true condition of matters concerning the returns from the State of of Mr. FERRY and contained papers belonging to him, and aa a friend Vermont. It bas been honestly and candidly believed by many mem­ of :Mr. FERRY he proposed to retain it in his possession, and so far as bers on this side of the House that there were dual returns from the I know he has retained it. State of Vermont. We have been patiently and anxiously endeav­ The SPEAKER. Did not the gentleman from New York in com­ oring to secure that information from a package purporting to con­ pany with another gentleman, a member of the other House, ask to tain electoral votes. The main matter of discussion appertaining to see the paperf the State of Vermont has been cut off by the withholding of t.he re­ Mr. HEWITT, of New York. I asked to see it, but I did not de­ turn to which the exceptions in this case refer. I therefore do not mand possession of it. desire to discuss a. question that is not fairly before this House. I Mr. KASSON. I ask leave to make a. statement of fact, which I call upon the gentleman from New York [Mr. HEWITr] ~o accommo­ have authority to make. date me with a statement from his place as to the indorsement upon Mr. COX. I rise to a point of order. I understood the Chair to say the package that he sent to the Clerk's desk during the joint meeting that there is a. motion pending and in due time the House will have of the two Honses yesterday. an opportunity to vote thereon. Mr. HEWITT, of New York. Mr. Speaker, I am asked by the gen­ Mr. KASSON. I ask leave to state n.t this point in a. few words, tleman from Ohio to state the nature of the indorsement which was that I am authorized to state that the Presiding Officer of the Senate upon the package that I tendered to the President of the Senate. As 2036 CONGRESSIONAL RECORD-HOUSE. MARoH 1, near as I can remember, it is addressed to the 11 President of the Sen­ Several MEMBERS. ~'Name it!" "Name it!" ate of the United States;" and upon one end is indorsed "Electoral Mr. KASSON. I decline for the reason I have stated, that it is not votes from the State of Vermont." This package came into my pos­ sufficiently verified. · session by express about the middle of December, and with it cam" I wish to answer another phase of the objections made. It is argued a letter saying, as nearly as I can remember, ''Herewith is sent to yon that the President oftbeSenate was obliged to receive this paper when the certified return of the electoral votes of the Stat-e of Vermont, offered to him on the floor of the House yesterday. That proposition and another copy is sent by mail to the President of the Senate." At I dissent from, because it is a demand that the President of the Sen­ any mte, from that time to this I have been under the impression ate shall contravene the law of the United States. The pt·opositiou that a copy had been sent by m.representin~ the electoral vote of any me as to duplicate returns I stat,ed that there was a duplicate return State in this Union. In support of that 1 call the attention of the from the State of Vermont, and I know that the counsel and many Honse to section 142 of the Revised Statutes, which provide that Con­ gentlemen in this Hoose have acted under the impression that there gress shall be in session on the second Wedne day in February suc­ was such a duplicat-e return. I never had any idea to the contrary ceeding every meeting of the electors, and the certificates, or llO many until yesterday, when a telegram to the Speaker of this Honse was of them as have been received, shall then be opened, the votes counted, shown to me iu which it was stated that returns had been sent to me. and the persons to fill the offices of President and Vice-President ascer.. Thereupon I sent to my room and found the package as it had origin­ tained and declared, agreeably to the Constitution. ally come to me, with the seals Ullbroken. I bad no right to break So your Revised Statutes provide for the opening and counting only the seals, because it was addressed to the President of the Senate; of the votes which were received on or before the second Wednesday but I bad never been requested to deliver the package to the Presi­ in February, and the declaration of the result was to be made upon dent of the Senate. It was in my custody. But when this telegram thot~e votes which had been received at that time, namely, on the came I felt it to be my duty to a ~reat State and to the country that second Wednesday of February, and no other. I should immediately inform the President of the Senate that I had Then we come to the law just enacted, and in what respect does learned indirectly, as a statement coming from him, that no copy of that law change the provision of the Revised Statutes 'i Solely that this package had been received by mail. He said that he bad re­ it t.rings the date forward from that second Wednesday in February ceived no such package. Thereupon I asked him to receive it from to the first Thursday of February, which was the 1st day of Febru­ me yesterday afternoon. He declined, on the ground that the law ary. So the President of the Senate was ab olutely and legally cor­ did not allow him to take it. Thereupon I brought it into this rect when be said that the only papers which could be Ieceived·a.nd Honse ; and inasmuch as it was addressed to him, and I had been opened by him were those which were presented on or before the applied to to deliver it to him, as it did not belong to me, I felt that 1st day of February last, and upon that law, as he has stated in the it waR my duty to do so ; that I could do no less than inform the presence of the joint convention, he based his refusal to receive it. President of the Senate, in the presence of the joint convention, that Thus you find that the suggestion made-I think without sufficient I had already tendered it to him, and I again tendered it to him. thought or examination of the law by our Speaker-that it was his Now as to what happened afterward. One of the Senators from Ver­ duty to receive a paper sent up by any member upon this floor pur­ mont asked me in my place to allow him to examine the package. I porting to be electoral votes, and open it, was hardly justified, and informed him that the package wa-s not in my custody; that it did not would hardly be maintained by the Speaker upon an examination of belong to me; but that if he would go with me to the desk I would ask the statutes I have referred to. the President of the Senate for the package. He said he had not received Then, again, the law only requires him to receive and open such it and :tad it not in his possession. Thereupon, turning my eyes toward as come to him, one copy by special messenger and the other copy by the body of the House, I saw the package in the possession of the See­ mail. retary of the Senate, and a-sked him to allow Judge EDMUNDS, the Sen­ Mr. W .ALLING. Let me ask the gentleman a question. ator from Vermont, to see it. His reply was, "This package is the pri­ :Mr. KASSON. The President of the Senate knew that there were vate property of Mr. FERRY; itcontainspapersbelongingtoMr.FERRY; regular returns from Vermont in his possession, and he knew nothing I will not allow the seal~ to be broken; I shall keep it aa the friend of Mr. of and had no reason to imagine any other returns than those he re­ FERRY." Thereupon I said to him, "Will yon allow Judge EDMUNDS ceived prior to the 1st of February by special messenger and the to look at it f" He said-with some hesitation aa I thought-" Cer­ duplicate which came to him by mail. Yon thus find that the propo­ tainly," and handed it to Judge EDMUNDS, who looked at it, handed sition ma.de is not only that the President of the Senate shall open it back, and said-I will not undertake to repeat what he said-I am a paper which did not come into his bands within the time required not positive what be said, but he handed it back; and I saw it in by law, but he is asked to receive and open a paper which difl not the possession of the Secretary of the Senate, who told me he· should come verified in the manner provided by law. Yon further declare keep it aa the friend of Mr. FERRY. That is the last knowledge I that he should have received a paper which happened to be produced have of the matter. from unofficial hands and sent up to him from the floor of this Honse, Mr. HESDEE. I wish to ask the gentleman from New York one the first know ledge he had of it, or any of us had of it; sent up to him question. without one single guarantee which could not be affordeer­ gentleman from Iowa as he may desire. minded gentleman greatly re~ets to have witnessed here this morn­ Mr. KASSON. Mr. Speaker, the phase this question has thus far ing. But with a regular certificate from the State of Vermont, which assumed leaves out of sight the essential character of the objections votes in one way only and always, aa steadily as her mountains rest to the certificate which waa read by the President of the Senate. I upon their base, with the statute that provided for this express case rise now chiefly to speak on the subject on which tht} gentleman from accompanying the certificate and read in the hearing of the Honse, New York [1\Ir. HEWI'IT] haa spoken, and to say in answer to his in­ with not a charge of fraud -or misconduct or error anywhere, to ore­ quiry that I have just learned that the statement made by the gen­ ate this excitement upon such a slight foundation as this volunteer tleman from Missouri [Mr. STONE] is in part correct. The Secretary packet, is something I think which the sober second judgment of this of the Senate did at :firSt put the paper in his pocket. The President Honse will not only regret but emphatically condemn. If, sir, the of the Senate, however, being consulted directed him not to take it, question comes to a vote upon that proposition of resummoning the as it might be construed perhaps t.o be in his official possession. He Senate under a threat to compel actio\!, I bel£ gentlemen to remember therefore took out thn,t packet, boing directed to do so by the Presi­ the statements that have here been made. They are asked to imply, dent of the Senate, and left it here on the Clerk's desk which is the as that resolution does, that the President of the Senate or some offi­ last knowledge he had of it. I have only to say it has been intimated cer of the Senate has been guilty of misconduct on the :Boor of this to me that it is now somewhere on the floor of this House in a. certain House during the session of the joint convention. We cannot with­ quarter which I am not at liberty to designate because it is not veri- out injury to our own self-respect pa-ss a resolution of that sort in ig­ tied. . · norance of the facts alleged. We are in ignorance of everything 1877. CONGRESSIONAL RECORD-HOUSE. , 2037

beyond the fact that this packet was at one time in the hancls of the derelict in duty if I failed to do so. The commission may ignore Secretary of the Senate, which is not disputed, and was then left on fraud and aid and abet corruption, and the duty is devolved upon us our table. In addition to what I have said touching the President to defeat the ends that these aim at. By no act or vote of mine can of the Senate and the Secretary of the Senate, I am advised that the the decisions of the commission be carried into effect. If the democ­ tellers have the same statement to make of non-possession of that racy have made a mistake in the passage of the electoral bill, the duty paper and ignorance of its -place of deposit. is imposed upon them to protect the country against the consequences Mr. WALLING. I saw him carry it out. of that error to the extent of their ability. Mr. KASSON. That must be settled as a question of veracity be­ Mr. Hayes is representeu by his friends as a high-toned and amia­ tween the gentleman and the Secretary of the Senate. ble gentleman and the appeal is made to us of the South that our I now leave to the gentleman from Vermont [Mr. HENDEE] the interes~ would be safe in his hands, and it seems that some southern discussion of the merits of the case. gentlemen are inclined to take this view of the case. In this I do Mr. O'BRIEN. Will the gentleman from Iowa allow me to ask him not concur. I have given this presidential contest all the thought I a single question t am capable of, and have come to the conclusion that under the cir­ The SPEAKER. The gentleman from Virginia [Mr. TERRY] is cumstances the inauguration of Governor Hayes would be extremely recognized. unfortunate for the country. Not only is he a minority candidate by Mr. HENDEE. I believe there are two minutes of my time left. some 250,000 of the popular vote, and a minority candidate of the I only yielded :five minutes to the gentleman from Iowa, [Mr. KAS- popular white vote of more than three-fourths of a million, but he will SON.] . go into office by a stupendous fraud and will be regarded as a usur­ The SPEAKER. The gentleman from Vermont had about half a per. In my judgment it would be better for the country for the Sen­ minute and the gentleman from Iowa had nine and a half minutes. ate to elect a Vice-President and for him to succeed to the Presidency Mr. TERRY. Mr. Speaker, I have no idea that I can say anything until an election could be held. He would at least go into office by that will change the result of the presidential count. That is a fore­ authority, and under the forms of law. His administration being in gone conclusion and was ordained from the hour the electoral com­ pursuance of law would command the support which all good citi­ mission was organized. The majority of that commission have had zens yield to lawful authority. His administration would not nec­ but one object in view, and to that end all their actions have steadily essarily be the prey of all the bad men of the country. How different tended, with the unerring certainty of an inexorable purpose. Evi­ theca e of Governor Hayes. IIis administration, a fraud and a usurpa­ dence has been ignored, and argument, and law, and precedent ruth­ tion, and the work of a foul conspiracy gotten up by the most reck­ lessly trampled under foot. Th.is commission, created by law, have less partisans that ever stood around the sea.t of power, would be the been a law unto themselves, disregarding alike the practice in the past prey of the thieves, perjurers, and plunderers who have put him in and the plainly understood purpose for which they had been created. power. . The law creating the commission clot.hes that tribunal with all the Mr. Hayes cannot shut his eyes to the fact that he has not been powers and privileges of the two Houses in counting the electoral elected by the people, and it will be impossible for him to shake off votes. In the debates which took place in 186~ in the two Houses the men to whom he will owe his seat. His administration will be upon counting the electoral votes of Georgia and Louisiana, there under the control of Cameron, Chandler & Co., and of Wells and was no denial of the right of Congres to inquire into the elections in Stearns and their guilty colaborers. Upon what principle of right those States, and to a resolution which provided in effect for counting or morals can Mr. Hayes accept the fruits of frauds perpetrated by the vote of Louisiana provided it would not change the result, and returning boards and then reject the services of the men who did it f to reject it if it did, Mr. MORTON, now a member of the commission, How can he refuse places of trust and profit to Governor Wells, and offered the following amendment : Packard, and Chamberlain, and others! Honest men of the repub­ That wbile there is reason to believe, from common report and information, that lican party even will shun an administration with such surroundings. the late presidential election in Louisiana. was canied by force and fr3ud, still, I can scarcely conceive of a condition of things fraught with more there being no legal evidence before the Senate on that subject, therefore the elect- danger to the future peace and welfare of the cOlmtry. In view, oraJ. vote of Louisiana. ought to be counted. . therefore, of the action of the commission and the apprehensions of It is true that this amendment was rejected upon the question of the future, I feel it my duty to interpo e every honorable obstacle order, yet it shows clearly that .Mr. MORTO~ and his party then recog­ to the consummation of the most gigantic fraud ever perpetrated upon nized the right of Congress, upon a proper case made by legal evidence, the liberties of the people. to consider and reject tbe vote of a State, the certificate of a return­ There is another question to which I wish to refer. It has been ing board to the contrary uotwithstan

Mr. BANKS. Certainly not. Mr. LAWRENCE. Because there were no other lawful electors Mr. TERRY. I object to being further interrupted in my remarks. than those whose names are included in the certificate. The SPEAKER. This will not come ont of the gentleman's time. Mr. HENDEE. That is the conclusion upon that point, most cer­ Mr. TERRY then resumed, and concluded the remarks printed tainly. above. [Here the hammer fell.] The SPEAKER. The gentleman from Vermont [Mr. JOYCE] is Mr. HENDEE. Mr. Speaker, haVIng permission to make some fur­ recognized. ther and general remarks, I will now proceed. Dtuing the debate of Mr. HENDEE. I understand that my colleague [Mr. JoYCE] yields the last few weeks relative to the electoral count, I have sat an at­ a portion of his time to me. tentive listener. On one or two occasions I have attempted to gain The SPEAKER. The Chair does not think that under the law the the floor that I too might express my views, but, having failerl, now gentleman can have more than ten minutes. I may be pardoned I think for asking the attention of the Honse for Mr HENDEE. Then I ask that I may have leave to print my re­ a few minutes longer. I am of that class who believe the Constitu­ marks on this question of law. Bot I would suggest to the Chair tion is ample in its provisions for the present contingency, and t.hat that I have not yet spoken at all in this dobate. the law known as the compromise measure was unmilled for, and in The SPEAKER. The gentleman from Vermont [Mr. HENDEE] states fact unnecessary. And while I did not for good reasons as I believe that he has not spoken in this debate, having merely been recognized, vote for that bill, I am not prepared to say that it will not in its re­ and having yielded his time to another gentleman. Upon that state­ sults prove to be a wise and opportune measure. We shall soon see. ment he will now be 1·ecognized, as being entitled to speak in the time For those who framed and secured its paasage I have the highest re­ of his colleague, [Mr. JoYcE.] gard. I believe they acted with great fidelity and caution, and only Mr. HENDEE. I am not disposed, in the discussion of this case to had a desire to secure a fair, peaceful, and speedy solution of the great travel outside of it. I think in the discussion in this House during question now agitating the entire world. the last four weeks, a larger breadth of ar~ument haa been allowed The result of the election of November last put both parties in a than would be ordinarily conceded in any del>ating or legislative body condition of great anxiety at first, and later that anxiety had grown whatever. ·• into a feeling on the part of the democratic party of desperation. A question is presented in the case of the State of Vermont which The press of that party had for sixty days, and up to the time of the is purely legal in its character, and can be determined upon no outside passage of the compromise bill, fired the public mind by incendiary, issues whatever. The papers show simply that one of the candidates threatening, and libelous writings, until that hungry organization for electorin the State of Vermont (Mr. Sollace,) at the time of the elec­ bad been wrought np to the point of believing that war was justifi­ tion in November waa a post-master, and hence considered to be ineli­ able in order that Tilden should be inaugurated. 'With the leaders and gible. Now while we concede that to be the fact that he was a post­ office-seekers of that party the cry had come to be, '' TilUeu or blood." master, yet he was elected to the office of elector by a DL'ljm·ity of Of this spirit I heard and reatl much, and yet I had not the slightest more than 20,000 votes. There is no queation whatever of fraud ; fear of a collision; for I believed the great good sense of the Ameri­ there is no qnestion whatever of intimidation entering into the Ver­ can people of both parties who stood behind these leaders and office­ mont case. It is simply a question of whether, having been elected seekers would prevent a rupture. The country could not afford one, in the constitutional and lawful form prescribed by the laws of the and this the intelligent business men of both parties well knew; and State of Vermont and of the United States, Mr. Sollace was in fact an as the great majority of our people belong to this class, I considered officer, that is, an elector. the probability of war too remote and weak to attract any special at­ Now, I hold to this doctrine that Mr. Sollace was an elector within tention. With this feeling, and believing the Constitution sufficient the purview of the laws of Vermont and the United States until and that under it Governor Hayes must be installed, I voted against some measures were taken by the local authorities in the courts in the bill. Should the result under thelaw be the same as I believed it must the Statu of Vermont to determine that he was not eligible, and hence have been without it, and should the country accept that result with any had not power to cast his vote in the electoral college. Until that greater satisfaction than it otherwise would, then I shall rejoice that was done he was an elector de facto, and whatever acts he performed the commission was created. Though it may be a bad precedent, in as such elector were just as valid, so far as third persons were con­ all human probability it will not in the next century have to Le fol­ cerned or anything connected with the election, as if he had been lowed, and in my jndgment we had better endure the existence of a eli(J'ible. bad precedent if great good comes from it when created and M: no use But I wish to take the gentlemen on the other side on their own for it is anticipated thereafter. ground. The case from the State of Vermont is precisely that of the Under the law the commission has decided virtnallythis great ques­ Oregon case with this one exception, that in the case of Oregon the tion. I have no doubt it has settled it in accordance with law, jus­ elector had the certificate of the governor, and in the State of Ver­ tice, and the facts, and my only surprise and regret now are that the mont there is no certificate of the governor except the one issued to the democratic party, or its leaders I should say, do not accept the result, five Hayes electors. Hence the Cronin case was much stronger for the notify the world, and let the country settle down again into business democratic side than the Aldrich case. The question as to whether prosperity. I consider the actions of certain members of this Honse Cronin was elected, he having received the next highest number of on the other side in obstructing the course of the law in putting votes, was submitted to the honorable commission, and the commission themselves in the way of the completion of the count as demonstra­ decided unanimously that Cronin was not elected and could not be tions of bad faith; yes, Mr. Speaker, I might say and be justified, in any event considered an elector of the State of Oregon. Now, if breaches of faith. Let me remind these gentlemen that upon the that is true doctrine, and I submit that it must be conceded as such, committee which prepared the law their party had four of its lead­ then if there was a vacancy in the case of Oregon there was certainly ing members from this House, and from the Senate they had two of a vacancy in the case of Vermont ; because, under the decision of their very best men. As the discussion went on it became almost a. the commission in the Oregon case, Aldrich was not elected though he party measure, and when the vote was taken every democrat in the had received the next highest number of votes, and this admitting Senate but one voted for it, and in this House nnly eightoon demo­ tlie ineligibility of Sollace. crats were found to vote against it. At the time this vacancy occurred, the Legislature of tn.e St.ate of So in fact let me say to gentlemen on the other side of the Cham­ Vermont was in session, and pa sed a law providing for the :filling of ber that this proceeding is of your own getting, and if the result is vacancies occasioned either by death, refusal to act, refusal to attend, disa-strous to you, yon above all other men in the country should hold or in any other manner or for any other cause. That law wa,., drafted your peace. You have no right to charge the republican party or its for the purpose of covering every poR ible case of a vacancy that members with- intrigue or bad faith in this matter, because the bill could occur in the electoral college. The vacancy ilid occur, and un­ was printed and under consideration for several days and no one der that law Mr. Sollace was elected, after having resigned his office contends that there is any ambiguity or uncertainty of meaning in its as postmaster and the same having been accepted, an elector by the terms or language. It is admitted to that every disputed question electoral colle~e. Thus the fact existing that there was a vacancy, was left open for the determination of the commission. In short, you and the law ot the State of Vermont being constitutional, that va­ simply provided such a tribunal as you wanted, before which vou cancy has been filled exactly in accordance with the terms of the law, could make your fight, and to that tribunal you gave just the same and Mr. Sollace's vote should be counted. powers as Congress possessed, if any, and no more. Mr. GUNTER. When was that law passed 'f Yon had of your men on that commission your choice ; so did we. Mr. HENDEE. On the 22d day of November last. The four judges were agreed upon by both parties without dissent, Mr. GUNTER. That was after the election. and the fifth judge waa chosen in the manner sug~ested by your own .Mr. HENDEE. It was after the election, and it provided for filllng leaders. Yes, gentlemen, you have had all the preliminaries your own all sorts of vacancies. Now, sir, I say as a legal proposition, that if way, and now that it seems the decision may be against you you Cronin was not elected, and the commission so find unanimously, then rebel. Gentlemen, this, in my .Judgment, does not become yon. Such certainly Aldrich was not elected, and that Sollace must have been conduct never becomes an intelligent, upright man. It only becomes duly appointed, because the vacancy occurred and was filled in ac­ the political trickster, the ward politician, the man of no honor. I cordance with the terms of the statute of the State of Vermont; and believe, Mr. Speaker, that the constituents of these gentlemen would when any member here votes that Mr. Solla-oe is not an elector of the hold them in mnch higher esteem should they accept the situation in State of Vermont, he is virtually deciding that Cronin is an elector words of sadness, and anger even if they will, than they will if they for the State of Oregon, against the unanimous decision af the com­ resist the decisions of this great and honorable tribunal by dilatory mission. maneuvers and unjustifiable denunciation. Mr. LAWRENCE. There could be no electoral return from the To me, Mr. Speaker, it was a sad spectacle to witness the other day in State except the one read in the hearing of the two Houses yesterday. thisHouseofthe American Congress the personal attack of the leader of Mr. TUCKER. Why could there not be f the great democratic party upon an honorable member of the commis- 1877. CONGRESSIONAL RECORD-HOUSE. 2039 sion, and it was the more humiliating, sir, because the grounds upon and conduct of this gentleman as one of the high tribunal than can which the gentleman stood or based his charge were so feeble and so mem hers on the other side assail the motives and conduct of the ma­ poorly sustained. Sir, this was but another base attempt to charge the jority of the commission who have only by their decisions as erted cause of democratic defeat to the corruption of the republican party the same doctrine. But, sir, I have not the wish nor disposition to or to two or three of its honored members. say one word against this honorable Senator. His sayings and acts Now, str, while such scenes as this are debasing and illy become are merely open to fair criticism as are those of every member of the the dignity of this body, there is another kind of debate resorted tribunal; but I may be allowed to say that certainly there is more to by gentlemen on the other side that is truly mortifying to the ground to charge upon him partisanship in this matter than there is American citizen, and to my mind degrades the gentlemen who in­ upon the three judges who have voted with the majority, for they dulge in it. I refer to the unqualified bitter and unjust denunciations have never made any declarations that are in conflict with their acts. made of the judges of our Supreme Court. Will gentlemen please It seems to me, sir, that there is but one course for gentlemen on consider this for a moment f These judges had no hand in the crea­ the other side that is honorable, or that will command the respect of tion of this law under which they are compelled to act. They took the .American people, and that is to submit to the decision of the no part in the recent political strug~le. They hold their positions commission. The opposition to the proceedings onder the law .m.aUe for life, and hence have no personal mterest at stake in the result. by some members of this Honse is no less than revolutionary. The They act not from any desire of their own, but really against their people of all parties who are intelligent and have only the best inter­ wills. They were selected wisely, and because they were above re­ ests of the country in mind, and who are not seeking office and do proach, above suspicion, and because of their high character and not deJ?end upon the success of party for a living, condemn such a acknowledged ability. course m no uncertain terms. I believe it is no injustice to say that You gentlemen on the other side made use of this and much more men who persist in efforts to defeat the operations of the law do not of the same kind to induce us to vote for the bill. Then you argued and cannot fitly represent the people of this country. well. Then you spoke in the highest terms of these men whom you now Our country has been suffering for months from a. prostration of so vilely traduce ; and why f Because defeat has dethroned reason business. Men and women are out of employment, and the machin­ and given place to passion and indiscretion. But let me say to these ery and workshops of the land are motionless, and mnch of this is gentlemen that their harsh aud wicked words toward thesemenfall due to the fact that this great questinn is unsettled. I say, sir, let quite harmless upon the people, who stand behind them, and that it be settled at once, and many if not all of the business interests of when the e words recoil it will be upon you who utter them, and the the country now suffering will tnke new life, and soon we shall see a men whom you would destroy will be:unharmed. No, gentlemen; when prosperity which will not only be healthy, but which will become the storm sha.ll have passed anll reason shall again have its power permanent; and not only this, the question whether our Government with you, then will the blush of shame be visible and you who have has strength and can ride safely through all storms will be forever done this great wrong, and you only, will be the men who will feel most sett1ed. intensely the great injury you have inflicted. I am, sir, a. thorough pru.·tisa.n, and I have never since the 7th of You cannot afford toevenattemptto bringreproach upon the mem­ November last for one moment yielded the point that Governor bers of our highest court, for though it will fail to prejudice the in­ Hayes was on that day elected President ; but had the judgment of telligent and true citizen its tendency is to inspire the ignorant and this commission determined otherwise and brought into power Gov­ discontented man with a spirit of distrust and want of faith in the ernor Tilden, an event which I should regret, though I voted against purity and perpetuity of our institutions. When men whom we our­ the bill creating that commission I would have submitted and ad­ selves select sit in .iudgment, though they err, they should be sus­ vised my associates to the same course. And now, gentlemen, I ask tained unless it be settled they have acted to secure selfish ends or you to submit; and to what! The decision of the tribunal you your­ from other impure motives. selves created. Yes, Mr. Speaker, the remarks of some of the gentlemen on the What is the situation t I ask. This: You claimed Tilden was elected: other side certainly fall beneath any man of sober thought and dis­ we disputed it, and claimed the election of Hayes. You asked us to cretion. and especially are they unbecoming a member of this House; arbitrate; we agreed. The submission was the compromise law, en­ and the only excuse, if any is to be tolerated, that can be made is tered into after full deliberation. We have tried the case and won, th.'l.t they have been made in heated debate and at a. moment when and now you attempt to revoke when there is no power given in the passion has overcome sense. submission to either party to revoke. No, gentlemen, your conduct is Men are not to be censured for resenting in any fair and proper not warranted; and I trust that soon, and in your calmer moments, language what they believe to be wrong, but let it be done in re­ yon will step back into your manhoocl again and allow the law to spectful and temperate words, such as become the position of the one have its course. who utte1'8 them and the place where spoken. M.r. JOYCE. Mr. Speaker, this is a novel case in this electoral Though we may be tragical iu thought and feeling, let us be pru­ count. Unlike all the other cases there is no claim made here that the dent in utterance; for upon our words spoken here may hang the democrats have been "intimidated" or "bull-dozed; "that they were actions of designing and unscrupulous men. overawed by United States troops; no claim bot what the State gov­ Mr. Speaker, we have a country to protect or to destroy, institu­ ernment of Vermont is republican in form and spirit. There has been tions to perpetuate or to disgrace, and the duty of the hour is ours. no attempt made, that I am aware of, to buy any of the electors. No­ Every member upon this floor should feel the responsibility, and de­ body claims that the canvass was tainted with any'' mule contracts." termine, irrespective of ·party, that if any battle is to be fought it We have not heard that there were any" gobble" or" cipher" dis­ shall be one for the safety and protection of our noble country, the patches; and nobody claims to know from actual knowledge that weal of her people, and the advancement of her material interests. there was any "Patrick" or "Pelton," or "Gramercy Park" mixed I have said, M.r. Speaker, that I believe the commission has deter­ up in it, at. least on our side. mined every issue in accordance with the provisions of the Constitu­ This leaves the claim to exclude Solln.ce's vote to rest upon the tion and law. We have maintained always that as Congress has no plain, simple, bald fact that Sollace on the day of the election was a. power to go back of the returns or certificat.es, that under the elect­ post-master. oral bill the commission has no power to go back of them. This view I do not feel, sir, like calling this a technical objection, or saying has from the outset been ta.ken by our counsel, and has in the Florida, that it is frivolous, because whatever the motive may have been which Louisiana, and Oregon cases .been sustained. To hold otherwise prompted the objection, the question whether it is a vote which the would simply be to say that Congress bas the power every presiden­ Constitution aut.horizes and calls for is one of grave and vital im­ tial election to overturn or render invalid the wlll of the people, how­ portance and demands careful and serious consideration. ever certain or fairly that will may have been expressed. It must be Upon the vote of Mr. Sollace hn.ngs the result of the election and admitted, sir, that if you can go back at all yon can go back and in­ makes either Governor Hayes or Governor Tilden President, as it is quire into the validity and regularity of the preliminary proceedings determined for which it s.hall be counted. This makes it important, of every election precinct, and even to the extent of inquiring into not only to the parties immediately interested, but to the country, as the right of every citizen to vote. settling a ~eat question of constitutional law and establishinO' a pre- No, Mr. Speaker, it is folly to claim that the Constitution or la.ws of cedent wh1ch may last for all time. 0 the land give to Congress any such unlimited power. That power is If the Constitution prohibits the counting of this vote for Hayes, delegated or rests in the States or local authorities, and when they or requires it to be countedforTilden, I would say, follow the Consti­ have determined tho e qnesttons and have sent up to us the proper tution regardless of consequences to men and parties, because we can evidence in regular form, we have only to consider and determine the afl'ord to be disappointed, but we cannot afford, for temporary party result upon that evidence. . triumph, to violate the Constitution of our country. An honorable Senator [1\Ir. BAYARD] months ago, and before this I shall endeavor therefore, sir, to devote the few moments allotted controversy arose, and upon deliberation, said in the Senate this: me in this discussion to an examination of that question. Nowhere is the power given to either House of Congress to pass upon the election At the general election held on tlte 7th of November, 1876, the either the manner or the fact, of electors for President and Vice·President; and il people of the State of Vermont elected Estey, Farnham, Welch, and Congress or either Honse shall assume under the guise or pretext of telling or Sollace Presidential electors by a. majority of about 24,000 votes. counting the vote to decide the faot of the elecfion of the electors, then they Will On the third Tuesday of November the votes were duly canvassed by have taken upon themselves an authority for which I for one can find no warrant in the charter of our liberties. the proper officers of the state, the election declared, the governor notified, and within five days from that time those men were also · This honorable Senator and able lawyer is a member of the elect­ notified that they had been elected. On the day preceding the first oral commission, ".Wd I believe no gentleman can honest1y doubt the Wedne day in December the said electors met at the State-boo e in soundness of the d,;ntrine be has so plainly laid down. Now, sir, had Montpelier, and there being a vacancy in the college in consequence I the disposition I co1.. 1d with more consistency attack the motives of the resignation of Henry N. Sollace the remaining members of the

I 2040 CONGRESSIONAL RECORD-HOUSE. MABOH 1, board proceeded to fill such vacancy as provided and required by the Sollace, one of the persons voted for as elector, held the office of post­ laws of that State. master at Bridport, Vermont. On the 13th of November he resigned The vacancy having been filled and the college being complete, that position, on the 14th his resignation was accepted by the Post­ they then proceeded to vote for President and Vice-President of the master-General, and on the 15th his successor, D. H. Bennett, was United States. The result of the ballot was five votes for Rutherford appointed. B. Hayes for President, and five votes for William A. Wheeler for The certificate transmitted to the President of the Senate gives a Vice-President. This result was properly certified til the President detailed statement of the proceedings of the electors, the resignation of the Senate, the certificate has beeu opened and read in the hearing of Sollace as postmaster, and the action of the college in filling the of both Houses, objection has been made to the vote of Henry N. vacancy by the re-appointment of Sollace, and shows tha~ the laws Sollace, one of the eled.ors, on the ground that he held the office of of Vermont were literally and strictly followed by them, and that postmaster at the time he was elected, and the main question for us every provision of the statute was faithfully complied with. to determine now is, whether the vote of Sollace shall be cast out 2. Sollace having received a majority of the votes ca-st, the fac~ and only the remaining fom· votes counted for Hayes and Wheeler, that he was at the time of the election ineligible would not give the or whether in addition to that, the vote of Aldrich, the democratic election to his opponent, Aldrich. candidate, he havin~ received the next highest number of votes, shall Judge Cooley, in his valuable work on Con~titutional Limitations, be counted for Governor Tilden. says: Under ordinary circumstauces, Mr. Speaker, I should doubt the If the person receiving the hi~hest number of votes was ineligible, the votes propriety as I now do the necessity of saying a word upon this ques­ cast for him will still be efl'ootual so far as to prevent the opposing candidate be­ tion, as it has already been, if I mistake not, four times solemnly ing chosen. decided by the joint commission and the Senate of the United States. In Dillon on Municipal Corporations it is said- But because of its importance and also that the electoral bill gives That when the statute fails to declare that votes cast for an ineligible person are us two hours to discuss any objections which may be made to the void, (and there iR no such statute in Vermont,) the effect of such person receiving counting of the electoral vote of a State I will avail myself of my a majority of the votes cast is, according to the weight of American authority and the reason of the matter, that a new election must be held, and not to give the of. ten minutes to disclll:!S briefly the question presented. · fice to the qua.lifted person having the next highest number of votes. 1. And first, Mr. Speaker, let us inquire as to the powers and rights of the several States in respect to the election or appointment of elect­ In Mississippi the court say: ors of President and Vice-Pre ident of the United States and the If the majority candidate is disgnalified it does not follow that he who has re· manner of Mr. Sollace's appointment. eeived the next highest vote, and 18 qualified, shall take the office. The Constitution of the United States providM that-:- In the case of Fish vs. Collins, in Louisiana, it was said: The executive power shall be vested in a President of the United Sta.tes of If a competitor received a greater number of lawful votes than tho claimant, the America. He shall bold his office during the term of four y('ars, and together with latter does not establish a right to the office by showing that hia competitor was the Vice-President, chosen for the same term, be elected aa follows : ineligible. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives The supreme court of California, in 1859, in the case of Sanders to which the State may be entitled in tbe Congress: but no Senator or Reprf'senta­ tive, or person holding an office of trust or profit under the United States, shall be t'B. Haynes, saie lawyeTS ; edit{)r of only re­ Aldrich in his character of two tellers having canvas ed the vote, Aldrich an­ publican paper as one lawyer; fee $3,000. Will take $5,000 for republican elector; nounces tltat the vote of Aldrich has boon unanimously cast for Tilden and Hen­ must raise money; c.'l.n't make fee contingent. Sail Saturrlay. Kelly and Bellin­ dricks. Aldrich then moves a. vote of thanks to .Aldrich for the able, urbane, ger will act. Communicate with them. Must act promptly. prompt. and parlia•entary manner in which be bas presitled over the deliberations [No signature.] Qf Aldrich. 1.'hen Aldricfi signs the ceFtificate, appoints Aldrich messenger, and adjourns Aldrich aim die. Of course, in the evenmg Aldrich handsomely enter­ This, Mr. Speaker, is "reform;" this is modem democracy ; these tains Aldrich at Aldxich'e mansion, drinking his health and shaking his hand are the men who are sounding the tocsin on account of "gigantic re­ countless times. publican frauds." This is Tilden and New York Cjty after the mask You may marshal words and phrases every way, but they cannot overstate this ha.s been removed with the " key" from Michigan. brilliant accomplishment of Aldrich. Cronin was assisted by his nose, by Senator KELLY, and by Pelton, while Aldrich fought this battle single-handed, and with In the light of these precious scraps of history, how dare gentlemen what he believed to be a single eye to justice and renown. Where is the American on the other side, with such audacious effrontery, charge honest men we therefore ask who is not willing to uncover and salute this humble Vermonter with fraud T w bo, rising from a coachman to an electoral college, now stands before the gaze of How dare the gentleman from New York stand in his place upon the nation with tho hopes of the democracy heavily resting upon him. this floor and say that Governor Hayes will go into the Presidency by Mr. Speaker, I have no words of bitterne or reproach for any the vote of a pardoned criminal, a man who ha.d unlawfully offered one. The great drama which has boon upon the stage for months a bribe which was not a@cepted-when seventy-odd gentlemen now and wl1ich has shaken the Republic from center to circumference is hold positions in this Government whose conduct at a certain period now happily drawing to a close. In a few boors more the great ques­ in our history would, in any other civilized country on the globe, tion will be settled and the people will all a.cqniesce. The curtain have worked not only a forfeiture of their estates, but of their lives will drop and all the scenes and strifes of the past year will pass into also T Why, sir, the crime of that man pales into insignificance when history. And, sir, while I would not utter one unkind sentiment or confronted with that of men who would have destroyed a government say one word that would irritate the most sensitive, yet for the good and ruined a whole people. name of our people and the honor of our common conntry I must be Mr. Speaker, the republican party has administered the affairs of a.llowed to speak of the sorrow I have many times experienced dur­ this Government for the past sixteen years, and has, I know, commit­ ing this protracted proceeding, and of the hope I now have in the ted many errors; but, sir, notwithstanding its errors and shortcomings successful accomplishment of what I deem t.o be the most magnificent tho e sixteen years are the proudest and most brilliant period in our a.chievement recorded upon the pages of the world's history. illustrious history. 2042 MARoH 1, - -- \ t By the voice' of tiro Amerfcatr people, uttered in tones whicli. are tleman refers is that the· certificate of the election of Mr. Aldrich as plainly heard above the roar of democratic frauds and violence, that elector was deposited in the clerk's office of the district court of V er­ pa1'ty is now granted a new lease of power, and every honest man, mont on the 13th of December, 1877. every man who is in favor of peace and order and a free ballot, every Mr. HOOKER. As I understand it the dispatch states that his cer­ man who respects the ri~hts of others, and believes in the political tificate of election as elector is filed with the districtjudge of the dis­ equality of all men before the law, and every man who loves his trict where the electoral college was assembled. If there be no power country and earnestly desires her honor and prosperity, breathes to ~roduce th.ese returns, when the ?ertificates sent by messen O"er or by easier and rejoices with a joy unspeakable and full of glory, that the mail have failed to reach the Pres1dent of the Senate, then the third • mad schemes of wicked men have been thwarted and that Governor mode of preserving the integrity of the vote of the State in the elect­ Hayes is to hold the power and direct the policy of this great and oral college is nugatory on the statute-book and will not accomplish growin~ Republic for the next four years. the purpose which was designed. Sir, the enemy are defeated and the great victory is won. From Not a State in this Union, I venture to assert, bnt has complied one end to the other of this broad land peans of praise and thanks­ with the law, and not only sent its electorn.l retnrns by mail ant! by giving ascend from every altar and hearth-stone to the God of our special messenger to the President of the Senai.(\, bnt also depo itoo fathers for our great deliverance. with the judge of the district court of the Uni. tetl States another The great commission called into being by your mandate has heard certificate, in ord~r that if the two former sbonld be de!ltroyed or you patiently and decided wisely, and if you are sincere, if yon are delayed the electoral vote of that State might be preserved. just, if you are honest and patriotic, you will cease from your slan­ Now, with all respect to the decision of the Chair, I desire to ay ders and vote to accept and affirm their decision, so that the historian that I think it waBproper, if this question was presented to the con­ of yonrparty may be enabled tosn.y that the last act of your political sideration of this Honse, before this discussion upon the subject en­ exist.ence was sensible if not sincere. sued, that that return shonld be brought back here in a proper and Mr. HOOKER. So far as the argument made by the gentleman legal form, and in the presence of the two Houses submitted to their from Iowa [Mr. KAssoN] is concerned, in reference to what is the consideration. If objection was made that it was spurious and not a objection made in this case, he did not proceed far enough in his quo­ proper certified copy of the return deposited with the district judge, tation from the Revised Statutes or he would have found that there is then that objection might have prevailed if founded in fact. a very different rule from the one which he laid down. Ulider.the Bot I pass from the consideration of this question to another which Constitution the electoral college of each State is required to send the I was discussing the other day when a different finding of this com­ returns of its vote for President and Vice-Presideut to the President mission was under consideration, that is, the questfon of what is the of the Senate. Under the law when an electoral college has assem­ power;()£ the two Houses when there has been made a finding upon bled in a State it is required to make out three certificates of its find­ the subject. If this is a case of dual returns, it goes to the commis­ ings, one of which is sent by special messenger to the President of sion; if a case of a single return, it goes to the two Houses. If it the Senate, another by-mail to the President of the Senate, and a had gone to the commission, it might have presented a question which third is deposited with the judge of the district court of the United would have required their action ; and the House would be incapable States in the district where the electoral college has assembled. This of passing upon it until the commission had reached a decision. evidently waB intended to provirle for the preservation of the electoral Then the question arises, what would be the power of the two vote of a State, in the event that the messenger should fail to arrive Houses upon the finding of the commission ; and I bold, sir, that at the seat of Government with the copy which he is intrusted with, when this commission bas made a finding, M it bas done in respect and in the event that the mail should fail to bring the one sent by to several States, recommending the counting of the votes of tho e post. · States contrary to what is known to be their popular majOI·ities, con­ The Jaw provides that in the event that these certificates sent by trary to what is known to be their true electoral vote-when the com­ mail and messenger are not received by the President of the Senate, missionbastbusviolatedtbelawwhichrequiredthemtoaBcertainwbat the Secretary of State shall send for the remaining certificate. The constituted the true and legal electoral vote of a State, I hold that when law is as follows : the commission has thus found and so reported to Congress the House Whenever a oertificat.e of votes from any State hllB not lleen received at the seat is exonerated from any obligation to recognize its finding-is not of G.>vernment on the fu·st Wednesday of Jan nary, invernment. Refusing to take cognizance of such questions, refusing to receive Therefore the argument of the gentleman from Iowa [Mr. KAssoN] evidence in a case where fraud is charged, it cannot be contended falls to the ground, that if the return from an electoral college is not that this commission holds the power of the Honse forever in its here in February at the time named, therefore the electoral vote of hands during the pendency of the electoral vote, and that the House that State cannot be counted. has no power to say to the commission, "You have failed to do the Mr. KASSON. I referred to that express provision of the law. very thing for which you were created; you have refused to take Mr. HOOKER. Yes, but you did not read it; yon read the preced­ evidence in one case wherein it was charged that an elector was dis­ ing section but did not read that. qualified, while you have taken it in another. You have heard the Mr. KASSON. I gave the date. broad charges of fraud made with reference to States of this Union ; Mr. HOOKER. That provision is evidently for the purpose of as­ you have heard the charge that the electoral vote of a State was certaining what is the electoral vote of a State by another and differ­ huckstered all over the land, offered for sale to the highest bidder ; ent mode than by sending a certificate to the President of the Senate yet you say that the frauds of a returning board, the fraud of a can­ by mail or by messenger. vassing board-whether it be merely the governor and secretary of Now the telegram which was submitted as a part and parcel of the state, as in most of the States, or whether it be one of these novel' objection of the gentleman from lllinois [Mr. SPRINGER] to counting institutions such M prevail in Florida and Lousiana; you say that the vote from the State of Vermont shows that such a return was these frauds are sanctified and rendered valid by the certificate of a made by the electoral college and is deposited in the office of the dis­ governor, based upon the false returns of a canvassing bo:ud, and trict judge of the district court of the United States in the district the vote of a State must be counted one way when it ought in fair­ of Vermont where this electoral vote is claimed to have been cast. ness and justice to be counted another." Therefore when the knowledge of this fact was brought to tbe at­ This commission, constituted for such broad purposes, failing to act tention of the President of the Senate, and when-the certificate w~s within the scope and pnrview of the law, failing to~ake testimony submitted to him, he should have examined it, and at least have upon the very subject-matter committed to it, has proved false to the treated it with the dignity, courtesy, and respect with which the trust confided to it by the Honse-bas failed to act as the agent of presiding officer of the Senate felt himself bound to treat a spurious the House. It is well known, Mr. Speaker, that this commission was return received by him purporting to come from the State of Louisi­ created in consequence of a difference of opinion existing with refer­ ana and which when read in the presence of the two Houses showed ence to the power of the President of the Senate to open and count upon ita face that it was a spurious return. The President of the the electoral vote. It was raised for tbe purpose of settling a diffi­ Senate felt it to be his duty to submit that to the two Houses. culty which thus existed between some members of the House and To bold a different doctrine would be to say that the President of some members of the Senate and others. Thiscommi sion never would the Senate bas the power to determine of himself what papers shall have bad an e:ristence if it had not been suppo. ed that it was designed be submitted to the two Houses in their joint meeting. Iftbe Presi­ to take proof in reference to every question where t here was an alle­ dent of the Senate bad had the 1·etmn bare and had refused to pro­ gation of fraud in the return of a vote or an allegation of disqualifica­ duce it, I ask would the two Houses have been powerless in the pres­ tion on the part of an elector. The commission having failed to dis­ ence of the President of the Senate to have demanded that the returns charge its duty, shall it be said that the powers and functions of the should be produced and read f House under the Constitution have been exhausted f Mr. KASSON. May I correct an error of statement made by the [Here the hammer fell.] gentleman f Mr. MONROE. Mr. Speaker, during all tbediscnssions of the present Mr. HOOKER. I have but a short time; do it in the time of some­ Congress in regard to counting the electoral vote one political party body else. bas contended that Congress and the commission should, iu the phraso Mr. KASSON. It is an error of statement made by the gentleman of the day, " go behind tbe returns." The other party has refused to himself. do this. Democrats have constantly demanded that we should in-ves­ Mr. HOOKER. Be very brief about it. tigate the manner in which elections were conducted in the States. Mr. KASSON. The fact stated in the telegram to which the gen- Republicans have as constantly replied that this is not our proper 1877. CONGRESSIONAL RECORD-HOUSE. 2043 work. From this relative attitude of the two parties an attempt has of eminent jurists and statesmen. When to this wei~ht

bw itself, is that this commission should' reach the bottom facts, energetic effort of a. noble people, determined to rnle themselves and and that a decision consonant with truth and justice should be sol­ united as one man in a heroic effort to combine every moral, physic31 emnly, conscientiously, and even prayerfully attained. But they have and legitimate agent to accomplish so laudable a purpose. The gen­ signally failed to meet the expectation of the country. 1.'he people tleman could have spared himself the ungracious act of illflinuating asked for bread and they gave them a stone. When they asked for apprehension in us of, a possible investigation which hM already be­ full evidence in the case of a contested State they gave them this: come matter of record and towhich we appeal. Repn blicans here have Ordered, That no evidence shall be received.. been accustomed to plant themselves on the eolor line and they fa,il to understand how a man can be black and a democrat. They might Can gentlemen reasonably object that disappointment and denun­ as well say that a man cannot be black and appreciate low taxeA, ciation should meet them at every turn f I say the spirit in which good government, and material prosperity. They do not . give tho the astounding decisions of this commission have been received in negro whom they claimed as the ward of the natwn and the JJroU!ge every portion of the country bears pregnant and most forceful sig­ of the republican party credit for that intelligence and indepencleuee nificance. Is there a man in this House, republican or democrat, who of political action which they assume for themselves. Th~y havH for doubts that if this commission, in obedience to the law which organ­ many years attempted to support aQ. unnatural condit.ion of t. uin~s ized it, had proceeded really to the examination of the merits of the at the South. The Federal power was invoked to keep tue p;vramitl. case and had endeavored to reach the essence of this contest, and standing on its apex, when the inexorable and persi~;~tent ln.w of grav­ then, in pursuance of their plain duty under the law, declared Tilden itation demanded that it should rest upon its base. 'fU.e day LM or Hayes elected-can any man doubt when the news was received been, but it will never be again, when the ignorance and barbarism of that every city, village, town, and hamlet throughout the coun­ Mississippi, joined with the rapacity of strangers, controlled her des­ try would have blazed into a simultaneous illumination, and that tinies. from every quarter of the Union a grand chorus of exultation would But, Mr. Speaker, to return from this digression provoked by t.be have been raised T But how was it received f When the news of its speech of the gentleman from Ohio [Mr. LAWRENCE] to the subject­ first decisions was flashed throughout the country, did it meet are­ matter before the House. I repel the accusation that it is at any sponsive thrill in the popular heart T Did it excite any enthusiasm T compromise of honor or good faith that we resist ttnder the lt!w itself Did it call forth any manifestations of rejoicings T No, sir; the conn­ the achievement of this iniquity. We have a duty to perform for try received it everywhere as the news of a disaster. It was as those who sent us here. We deny that we have entered into a game ·though a great calamity rested all over our bnd; as though the na­ of chance. It was not the intention of this House to leave the set­ tion had lost a. battle. Sir, those false judgments have no power to tlement of so grave a question, involving the rights of millions, upon stir that love, truth, and justice in the human heart which are the the uncertain decision of parents of enthusiasm. Fortnne, that goddess blind, In the construction of any law, the best authority, next to the text Who stands upon a rolling, restless stOne. itself, is the intention of the le~slature which formed the law. We all know that it was the unammous opinion of this House, on both And if it were true that we played a game of chance we did not ex­ sides, that it was the duty of this commission, for which the law it­ pect our opponents to deal from a pack of cards that held eight jacks. self provided, that this commisRiou should take all the evidence in I am not au expert, but I believe they are called knaves. Nor as a this case; every man who supported it supported it on that ground, compact are we bound when the compact has been violated; for this and every one who objected to it objected to it for the same reason. commission has violated the law of its being, annulled it and the I see before me the distinguished gentleman from Ohio, [Mr. GAR­ Federal Constitution, abused a sacred trust, insulted common sense, FIELD,] a member of that electoral commission, and the ground of and outraged common justice. Its illogical, illegal, and inconsistent his objection and vote against the bill was that it compelled evidence decisions can neither be palliated nor denied. Whatever the past in this case. reputations of the majority may be, whatever their performance of Now, I will animadvert upon the speech which the gentleman from public duty in its highest sense may hereafter be, they cannot tear Ohio [Mr. LAWRENCE] made yesterday. That gentleman yesterday away the damning record which they now complete, and which like denied this commission could have gone into the evidence. Here is the shirt of Nessus will burn and blister them to the core. what he said when the electoral bill was being contested upon this In the light of these transactions of the commission, the incoming floor. He objected. He says: administration casts an adumbration over the Janel clark with appre­ hension and distrust, because its muniment of title is founded in I object then to the bill to regulate the counting of the electoral votes because­ fraud-fraud that taints all it touches, and who e agency in the trans­ !. In rt>.quiring evidence to be considered in tbe count which goes back of the retUI'llil required by the Constitution, and which may controvert the authority of fer or perpetuation of power marks the decay of nations. electol's who have the constitutional evidence of a right to act as such, it is uncon· I forbode, sir, that the electoral farce whose last act we witness is • stitntional and void. but the prelude to the nation's tragedy-not the heroic tragedy of the That was then his opinion. Further on-- sword and ax, but the lingering tragedy of moral decay, slO-wer bot Mr. LAWRENCE. Further on yon will see that I do not believe not loss sure of the catastrophe. It may be, Mr. Speaker, that we have fought the last battle for constitutional liberty; but I hope there we have any such power. yet may be among the people, in republics the somce both of power Mr. MONEY. Do not take up my ten minutes. Further on the and of virtue, that robust and vigorous love of freedom that has been a g9ntlema.n speaks with a. spirit of prophecy which almost amounts salient feature of American character and that has held its more than to inspiration. He says- vestal vigils for one hundred years of our national history; that It is impossible that the commission provided by this bill can reach a result the people may at the next election rise in their sovereign dignity and which will command the confidence of the people. with one inspired jesture wave from the theater of political action the For once in his life my friend from Ohio was right, and I fully con­ party that participates in and profits by this fraud. our with him, and go further, that neither do the decisions of the To my mind the republican party has won a pyrrhic victory, from tribunal command nor has their course invited the confidence of the whose demoralization there is no recovery. If I should be mistaken, people. if the people are prepared for usurpation so gross and bald as this, if The gentleman took occasion yesterday in his speech in answer to they patiently extend their free hands for the shackles of slaves, then my colleague from Mississippi [.Mr. HOOKER] to refer to the condition shall I have arrived at a conclusion which in Rome wasdeemed the of things precedent t.o and during the election in ?tfississippi, and highest crime, I shall have despaired of the Republic. Sir, this con­ asked how would we like the boll-dozed districts of Missis.'!ippi should clusion of the presidential question cannot bring peace or prosperity. be investigated T Is not the gentleman, in his character of Represent­ Recognizing fully that the peace sentiment is stronger than any other ative upon this :floor, compelled to take cognizance of the fact that they in our country ; recognizing that scarcely any provocation would have been investigated; that the committee of the Sen::~.te have ex­ drive the people to internecine war, and those dreadful horrors which plored every ramification of this business; that they have summoned• are its natural concomitants, yet there will not be that peace which before them men of different vocations and from every quarter of brings content. A resentful and sullen submission may be had, but Mississippi, who have been for months dancing attendance in the ante­ fraud has laid its frozen hand upon the Government, and the chill chambers of the Capitol, who have testified both p1·o and con, and that running along the electric chain thlt binds these States together, and after a searching examination, conducted mainly by bitter partisan reaching every citizen, the industries of the conntry will wither and republicans brought from Mississippi for the purpose, an examina­ perish .beneath the touch. Tile Administration owing it.s power to tion in which the rules heretofore held by courts and committ.ees such agency cannot be successful wit.hont the sunshine of the people's were ignored, an examinatiou not only into the res gestm of the elec­ approbation. You might as well, sir, expect the georgeous efflores­ tion and of the political canvass preceding, but was an inquisition ence, the luxuriant fruit of the generou~:~ and redundant tropics to be also into the laws, customs, manners, the public and private business, evoked by the will of man from the barrenness and desolation of the social and domestic relations of the people of that State; an exami­ icy Arctic. nation that not only demanded of witnesses what they saw and knew The gentlemen of the republican party themselves distrust the of actual occurrences, but what they heard, thought, and believed, and outrageous award by which they profit, completely traversing their what other people thought and believed; and yet the whole mass of record for the past twelve years. They come with words of concili­ testimony absolutely amounted to nothing, and, as one of the repub­ ation and fair promises to the South; we hope they mean all they lican Senators on the committee told me, "conld have no practical say. A glorious opportunity is presented to Mr. Hayes, even with the result." inauspicious beginning of his administration, to do good to his coun­ The good name and character of the people whom I have the honor try and to mark his lease of power among the brightest in our an­ in part to represent have been assailed.a.t all points, and their vindi­ nals. If he will give himself to 'that highduty of statesmanship, cation is the result. The testimony showed an ardent, zealous, and the reconciliation of the people to the Government ; if he will ~ke 1877'. . CONGRESSIONAL RECORD·-HOUSE. 2045 the mailed hand of Federal power from the stricken and suffering ·cisions, would, when called to act on this electoral commllision, still States of Louisiaua and South Carolina; if he will allow the bletlS­ adhere to it. We could not have supposed that they would have been ings of self-government to those who have tasted the bitterness of so forgetful of their duty and of their reputations as to render any­ alien oppression; if, to quote the language of his friend, General Fos­ where, under any circumstances, decisions manifestly erroneous, con­ TER, he would rule States rather than provinces, freemen ra~her than tradictory, and partisan. slaves; if he would strive to supplant sectional hate with reconcili­ The fact is apparent that a large majority of the vot-es cast at the ation, then he will find no factious opposition to such policy in the election were cast for Tilden and HenclrickB electors, and that a de­ South. Imt not knowing his policy, and knowing well that as stated cided majority of those electors were appointed. But this commis­ by his friendB here it traverses all the matured utterances and carefully sion, by counting t.he votes of Louisiana and Florida for candidates considered policy and accomplished acts of his party for the last whom the people rejected,-has entirely_and fraudulently defeated the twelve years, I must be excused to-day from lubricating the pr.ocesses popular will. To do this the commissioners were compelled to re­ of the count and hastening a.n event I may regret. verse on one day their action of the day before. We see them going The South yields readily to kindness, but gentlemen are mistaken if behind the electoral returns of the States of Florida and Oregon to they think those who have character and inttnence enough to become ascertain whether or not ineligible electors had been chosen; we see leaders of the Southern people can be induced by the love of place them, sustained by no rule of law and no rule of honest construction, to yield their convictions and walk at the chariot wheels of Mr. Hayes refusing to go behind the returns for f,he same purpose in the State of to ~race his triumph. To my fellow-democrats who differ as to the Louisiana. Well may we, well may the people, be shocked and as­ action this moment to be had, I say bear with ns even as we do with tounded at these moUBtrons iniquities. you. The electoral law, however, stands upon the statute-book. Can it We follow what we conceive to be a duty, and cannot believe that be properly disregarded and disobeyed until it shall have been re­ our people will present a keener edge of indignation to those who pealed or adjudged invalid f It received the sanction of not only struggle to prevent the consummation of a fraud than to those who the Senate and the President of the United States, but this demo­ perpetrate it. As for my own part, I cheerfully submit my record to cratic Hoose also. Can we who created it, who gave it the impress the liberty-loving constituency which I have the honor to represent of a law, disobey it without overstepping onr duty f in this House. The democratic party has ever been the law-abiding party of the [Here the hammer fell.] country, and I would not like to see it, at this time or at any other Mr. DENISON. Mr. Speaker, I have been in the habit of speaking time, commence the work of repudiating statutes of its own creation. directly to the point before me, and therefore I shall have nothing to The resolutions to which I have called attention point out that the say whatever on this occasion as to any electoral count except the way out of the difficulty must be legal, coUBtitutional, and honorable. counting of the electoral vote of my own State of Vermont. Would it be legal, would it bo constitutional, would it be honorable I submit, sir, that the certificates of Vermont which were in the to disown and break down in the manner proposed a statute of our hands of the President of the Senate were the only certificates to· own making-a law which baa not been repealed and has not been con­ which we can direct our attention. The supposed certificate and demned by the co1ll1is; a law, too, for the passage of which pressure bundle of papers handed up to the President of the Senate yesterday as great as was ever exerted upon a legislative body was brought to we have nothing to do with and can have nothing to do with unless bear on this Congress from all sectioUB and chiefly by the democratic we violate the law. The law is that all certificates shall be in the partyf hands of the President of the Senate by the 1st clay of February, Mr. Speaker, I have heretofore steadily voted for every measure 1877, so far as the electoral count this year is concerned. That being that promised to secure an honest count, I have voted to give all the so, we have nothing to do except with the returns that were found in time that was necessary for consulting, for making up objections to the hands of the President of the Senate at that time. The other re the various returns, and for the preparation of arguments by gentle­ turns are to us of no mpre consequence than a last year's almanac ; men on this :floor; and I shall in the future do whatever, to nse the and those who insist that they shall be counted are unmistakably in words of my constituents, I legally, coUBtitutionally, and honorably the wrong. can to defeat this most foul conspiracy. Those certificates, then, to which we are at liberty to address our But I do not wish to trespass longer upon the attention of the attention tellnB this, and this only, that :five gentlemen were elected Honse, and yield the floQr to the gentleman from Pennsylvania, LMr. to be the electors of the State of Vermont. One of them was ineli­ 1\IAISH.] gible. His ineligibility was voided by his resignation and the ac­ Mr. MAISH. Mr. Speaker, a favorite method for illustrating moral ceptance of that resignation and the appointment of his successor, or immoral truths in ancient times was the fable. In the multiplicity he being himself re-elected to :fill the va.cancy when his ineligibility of speeches which have been delivered on this floor on the :finding of had ceased. . Now I ask gentlemen if upon their oathB they can deny the electoral commission I am not aware that any have been em­ the right of Vermont to her vote. Gentlemen, I understand, are ployed. I am unwilling to let this great proceeding go down to here bound to act upon their oath of office as much as if they stood posterity without at least the nse of one. I have recently found in in a jury-box. I .ask them, then, whether, upon their oaths, they the Philadelphia Times one that is admirably adapted to my pur­ are prepared to deny to my State her right to the vote she has cast. pose; and I accordingly send it to the Clefk's desk to be read. Some gentlemen here may do it, but I am thankful to feel assured The Clerk read as follows : that more than two-thirds of the members of this Honse, and the STOPPED AT THIJ PORTA~THE EXCITEMENT CONCERNING THE BffiTH OF AN HEm TO Senate unanimonsly, are prepared to count the votes cast by the State THE KING OF THE CANNIDAL ISLANUS. of Vermont. Recent advices from the Pacific give some interesting particulars of the dist-urb­ Mr. WILSON, of West Virginia. Mr. Speaker, I send to the Clerk's ance which has arisen concerning the succession to the crown of the Cannibal Islands desk a preamble and resolutions adopted a few days ago at a meeting It iB known that for many years great uneasiness has been felt among the faithful of the democratic members of the Legislature of West Virginia, and subjects of His Majesty the King because he was without an heir, and when it was at length announced that the queen was about to present him with the hoped-for ask to have them read. child, every one awaited the interesting event with the utmost anxiety, and espe­ The Clerk read as follows: cially the king himself and his househofd, who dreaded the change of dynasty that Whereas said tribunal refused to inquire into said allegedfmuds and utterly dis­ must occur should the king die without an heir male. There was a considerable regarded the plain provisions of the act creating said tribunal, rendering contra­ party in the kingdom, however, to whom the idea of a. change was not distasteful, dictory and partisan dooisions, attempting to legalize and force upon the people and who therefore rather ho\)e that the child might prove a girl. In due time the the results of the most infamous frauds ever attempted upon a free people: There­ child waa born, and the cettificate of the royal physican and the royal nurse set fore, forth the welcome fact that it was a boy. Great was the rejoicing in the king's .Resolved, That our Senators be instruchld and our Representatives in Congress household; but soon it began t{) be whispered abroad that the physician and nurse be requested to use all legal, constitutional, and honorable means to prevent the had either made a mistake or told a. lie. One of the ladies in waiting had declared consummation of this most foul conspiracy against republican government and the her belief that the child was a girl. The consultirig physician had thrown out the liberties of the people. same idea. The matter got into the newspapers and became the subject of excited Resolved, That our Senators in Congress be instructed and our Representatives ..Uscussion in the Parliament. The king and his counsellors stuck to it that an hoir requested to oppo e any appropriation for the support of the Army that does not 'was born an

of Ia.wful officers; it says the child is a boy, and so must our decision be. What by them, but leave each State the absolute right to govern itself and says the court~" regulate its own affairs, subject only to the Constitution of the United And eirrht responded, "So think we," and seven answered" no." And thus was given in the verdict, the child mnst be a. boy. States. I believe the decision to be in consonance with this doctrine. So it happens that the Cannjbal I slands are filled with mutterings of discontent, Louisiana and South Carolina will then rise up in their majesty since it is now known that tho chiltl was a girl and it is generally thought that the and liberate themselves from the enthrallments that have made them change of dynasty bas only been delayed. the burlesque of republican government and the disgrace of the nation Mr. HAYMOND. Mr. Speaker, I shall not, in the few remarks that in the recent election. Let us hope that the incoming President will I am permitted to make, follow the worn and beaten track by repro­ exhibit such statesmanship as will lead him to respect the rigl.J.t.s of ducing arguments that have, in this and the preceding debates, been the States. Let him not dare to "go behind the returns," ancl at­ so often rung upon the ears of this House. The important question tempt to foster any State government not created and snpported by is, shall this House carry out in good faith the law recently enacted the people, or to maintain in power usurpers by Federal bayonets. to regulate the counting of the electoral votes, and submit in good But if he does it would be better for him if he had never been born, faith to the decision of the electoral commission Y for in the disputed title to his office his administration woulll be re­ I can not, sir, consistently bring myself to the point of interposing garded with disrespect and his efforts would turn to ashes like the obstacles to delay or tlefeat the election of a President, and thus ren­ fruit upon the shores of the forbidden sea. der void an act which I supported in good faith. I am not willing The troubles and perplexities that we have to encounter in decid­ to become responsible for anarchy, nor am I willing to permit the ing who was elected President are due mainly to th~ exceptional prosperity and business interests of the country to be disturbed by state of affairs in several of the Southern States. They aro incident the excitements and passions of another presidential election during to the late war, and are the legitimate offspring of the mistakes aml the present year. I can only contemplate another election so soon, blunders of reconstruction. They come from the mistaken policy of with a renewal of all the existing causes of strife, with fear and sad attempting to sustain corrupt and mercenary rulers in opposition to forebodings. In voting for the electoral bill I was prompted entirely the will of the people. by patriotic motives. I did not base my support of the mea,sure upon This policy cannot be much longer maintained. It has had its the presumption that it would elect the candidate of my choice, but carnival and must rapidly disappear under the condemnation of the to secure a fair and amicable settlement o~ the most complicated and whole American people. Before another presidential election those dangerous questions, save the issues of the great rebellion, that have States will have vindicated their sovereignty, and when this is done happened since the foundation of the Government. we will hear no more about mercenary and unprinciplecl returning When I saw that the session was rapidly passing away and the time boards and double returns of electoral votes. almost reached when the electoral votes were to be counted; that we The members of the returning board of Louisiana were perhaps as were rushing headlong, without chart or compass, and that the wisest fraudulent and as iniquitous as they have bean represented to be. It solons of the nation were unable to comprehend the difficulties before looks like they threw out enough votes to overcome the 8,000 ma­ us and devise a rational method to escape the danger of anarchy that jority of Tilden with the sole intent to defeat his election. Their appeared imminent, and that the people in all sections of the coun­ action appears to have been adapted to the necessity of the case, and try, alarmed at the situation, were loud in their demands that Con­ they would have been no doubt equal to the emergency had the ma­ gress should without delay adopt some plan by which the d:mgers jority for Tilclen been 20,000 or even 50;000. might be averted and peace and harmony sustained-then it waa that, But this great Government will not perish because a presidential in obedience to the dictates of my conscience and in accordance with election has been marred by the irregularities of a few unprincipled my sense of public duty, I voted for the pa sage of the bill creating men. The deed wa~ so bold and startling that it will make crime the electoral commission. odious in the future, and the American people will never suffer its I shall not now, sir, by bad faith and by puerile inconsistency, con­ repetition, and I trust there will never again be an occasion when it demn my own act ; neither she:~ll I so far surrender myself to chagrin could happen. or disappointment as to charge with fraudulent iutentions those who I am not one of those who will despair of the Republic or who have decided adversely to the claims of the democratic party. It is believes that its liberties will be endangered by the inauguration of too early to hazard predictions as to what may follow if this or that Mr. Hayes, even if his title to the Presidency is ever so q oestionable. candidateisdeclaredelected. ''ThereisaDivinitythatshapesonrends, I have heard ad 11auseam. many doleful predictions and tearful prog­ rough hew them how we will;" and I shall not forsake the idea, though nostications, but similar ones have occurred at periodical inter­ defeated in the choice of a candidate for President, that our action in vals since the foundation of the Government. A class of persons of this great event was shaped by an all-wise Providence, whose ways are peculiar constitution and temperament, who may be denominated inscrutable, to the end that some important result, now unforeseen, morbid croakers, has always been ready, under the slightest pretexts, • as an essential condition to the grand destiny of this nation, may be to herald their notes of alarm and to sound the doom of republican worked out. im~titutions, and it will not be strange in a crisis like this that the We have had impromptu opinions almost by the dozen denouncing story should be repeated with increased emphasis. Notwithstanding the electoral law as uncoyV!titutional. But I have not been di.otnrbed all such predictions, however, the Government will survive, and the with serious doubts in regard to its constitutionality. The Constitu­ watchword from the mountain-tops and the valleys will be "onward.'' tion contains but one positive injunction on the subject, namely: and, a,s Mr. Webster said in his famous speech, "This nation will "the votes shall be counted;" and it names but one condition under continue to grow with its growth and strengthen with its strength." which they shall be counted, namely: in the presence of the two What is a transient political triumph in the career of a nation like Houses of Congress; and this is all. The requirements of the Consti­ this, created to endure, so resplendent in its progress and in all the ele­ tution are clearly subserved by the law and its object was limited ments of greatness, and so strong in the affections of the people f It to the single purpose of determining what were the lawful votes cast will move onward in its grand destiny with a momentum that no for President and Vice-President. power can arrest, and it can no more be overwhelmed by the passions We had an election by the people which was close and undecisive. of the hour than the sun can be jostled from his central position in Two great parties put forth their utmost strength in the contest and the heavens by the nebulous tail of some erratic comet. each claimed the victory. Congress could not decide, because each I shall continue to maintain the supremacy of the law, whoever House, claiming equal jurisdiction, disagreed upon the result as rad­ may be chosen President. I am for the country under all circum­ ically a,ij the two great political parties, and if one man at the other stances, and I think my vision is strong enough to penetrate the end of the Capitol had counted the votes, as it was claimed by many clouds and mists that float around us, and to see in the clear sky be­ that he had a right to do, a large majority of the people of the country yond that our flag still waves, and that the temple of constitutional would have declared the act revolutionary aud an tmwarranted usur­ freedom still peers aloft, and though assailed still proudly stands and pation of power; but the issue had to be settled, and since a plan haa will stand unshaken upon its immutable foundations while the been adopted by a large majority iu both Houses of Congress, ba.cked mountains stand and while time endures. by the public sentiment of the country, for its settlement, it is the Mr. LEVY. Mr. Speaker, thoroughly convinced of the injnstice duty of every man entitled to the appellation of patriot to abide by wrought by the decision of the electoral commission and abating not the result in good faith, whether the verdict has been in his favor or one "jot or tittle" in condemnation of its proceedings, still regarding not. it as impracticable and impossible to avert the results of its action, It has pained me, sir, to hoar in this Honse so many hasty and and while protesting against the wrong by which the spirit and in­ bitter denunciations of the ju

i 1877. CONGRESSIONAL RECORD-HOUSE. 2047

public good to their own Relfish aims and purposes, Louisiana finds but in the case of these States will leave their own people to settle herself to-day in the attitude of destitution and woe; standing upon the matter peaceably, of themselves. This, too, is the opinion of the \ery edge of a yawning, terrible abyss, in whose depths misery President Grant, which be freely expresses, and which I am satisfied and destruction stretch forth their arms to receive her in hateful and be will carry out and adhere to. Under these circumstances, preter­ loathsome embrace. If this suffering and aflliction awaited only her mitting, at least at this time, any discussion of the manner and means stalwart sons, if ruin and desolation were to fall alone upon the by which Mr. Hayes may secure the Presidency, satisfied from the ac­ young, the active, and the self-reliant, I think I do but simple justice tion of Congress that his accession to the office is well-nigh an accom­ to them when I declare that they are equal to their fate and would plished fact, I do not hesitate, for the reasons before stated ,to declare, not shrink from the duty of boldly baring their breasts and bravely that, actuated by a sense of duty to Louisiana, I shall throw no meeting and resisting the shock. But, sir, there are other and holy obstacle, by any action or vote of mine in the way of the completion consi4erations which suggest themselves to their judgment andre­ of the electoral count ; but, relying upon the good fai Lh, the integrity, quire profound and serious deliberation. The rights, the safety, the and the truthfulness of the gentlemen who have given these asur­ happiness, the well-being of her old men, tottering in age and in­ ances, and having faith in their individual p<'rsonal honor, I shall firmity ; of fathers w ht> in their declining years look to their sons for unhesitatingly discharge this duty and call upon those of my fellow­ care and sustenance ; of mothers who have fondly nursed their boys members who have been influenced in their action on this question and demand of them protection and safety; of wives who in the hour by a desire to protect Louisiana and South Carolina to join me in the of despair and danger claim of their husbands the fulfillment of their course which I feel called upon and justified in pursuing. solemn marital vows to love and to cherish, to protect and defend; Mr. GARFIELD. I would not occupy a moment of the time of the of innocent maidens and of helpless infants who in prayerful tones House but for the sake of.removingwhat seem to roe to be one or two

I • and with lisping voice and tearful eyes appeal to fathers and to misapprehensions about the case in hand. It is alleged by some of brothers to extend f,heir fostering care-these, all these, crowd upon the gentlemen who ha.ve spoken on this subject that somewhere or brave men, silence the voice of passion, and appeal to reason and to othel' there is a double return from the State of Vermont, and if so, sound judgment. theca~ ought to go to the electoral commission. I want to call the I abandon no principle. I do not change my settled convictions of attention of the House to the :fact that the electoral law speaks from political right when I declare that in this crisis of the fate of my the 1st day of February, and it speaks in tones of absolute authority State and people, of my friends and brethren, in this hour of su­ that the President of the Senate is to open and deliver to the tellers all preme peil to the honor~ the safety, the homes, the firesides, the lares the certificates received by him up to that day, and he has no author­ and penates of my friends and neighbors, I, as one of their trusted ity to deliver any others. If he had, anybody, everybody, from every Representatives, honored by them far more than my poor, feeble State in the Union, might send any number of papers purporting to qualifications merit, solemnly aver that I hold it my sacred duty to be certificates of the electoral votes of their States, and be would be subordinate all issues and considerations, save those involving per­ compelled to present them all. No man believes that any such doc­ sonal honor, to the duty of saving that State and people and work­ trine was intended or declared in this law. ing out their redemption from the ruin and degradation which Now, the President of the Senate has thus far faithfully opened all threaten them. I care not what may be the consequences so far as the certificates received by him up to the day of the passage of the elect­ my political prospects are concerned, I ignore all thought of personal oral law. He even delivered one pretended certificate that was re­ advantage; I rise superior to selfish considerations; I dare to risk ceived the night before the law passed,namely,on the 31st of January. the coldness and the condemnation of party friends and the reproach, He delivered one that was found to be a mock certificate, and this ay, the obloquy of partisan associates, to bear the fury of the present House and the Senate were ashamed that they were compalled to lis ten storm; and if I can contribute aught toward relieving my beloved to its reading. But yesterday came the statement from the gentleman State from the bondage which oppresses and enslaves her, to on­ from New York [Mr. HEWITr] that the day before he called upon rivet the chains which bind her fair limbs and elevate her to the dig­ the President of the Senate and informed him that about two months nity of that freedom to which the" laws of nature and of nature's God ago he [Mr. HEWITr] had received by express a sealed package and entitle her,'J I can well afford to wait on the future for a vindica­ an intimation that something had been sent through the mail to the tion of the motives which actuate me, or if, as is often the case, this President of the Senate. The President of the Senate responds, Bnd vindication may not take place, I can submit to the mortification .t;to man questions his declaration, that he has received no dual re­ which attaches to the knowledge that one's motives are misconstrued turns from the State of Vermont, and under the law he must refuse and misinterpreted and I can at least console myself with the high­ to receive this post hac, post mortem pa-ckage tendered to him in the est of earthly consolations, the approval of my own conscience, and prosence of the two Houses. If he should receive it there would be • enjoy the satisfaction which results from the performance of which no end to the demands made on him to receive anything that any­ I believe to be a high and sacred duty. body chose to tender. I know that the people of Louisiana, the white people of Louisiana, Now the only thing that remains to be said is this: I understand have been most cruelly and grossly misrepresented. I know that for that it has been stated by some gentlemen here in the House that they party purposes and for selfish ends there have been ascribed to them saw the Secretary of the Senate take this package and put it in his the most shocking barbarities and the violation of every rule of civ­ pocket, and they inferred that the Secretary had carried it away. I ilization and enlightenment. These slanders have been most indus­ hold in my hand a letter from Mr. GORHAM, Secretary of the Senate, triously circulated and have served to excite prejudice and sectional addressed to me, which I will read so that it shall go upon the record. animosity against us; but, sir, intimately acquainted as I am with It is as follows : these people, I know and I asser·t that they are baseless and unjust, UNITED STATBB SENATE CHAMBER, that the universal sentiment of the intelligent, the influential, the Wa,shington, Ma·rch 1, 1877. thoughtful, and the controlling element of that people, is love of and DEAR Sm: In reply to lour verbal inquiry, I have to say that the paper pre­ sented by Mr. HEwrrr, o New York. yesterday, in the joint meeting, and which desire for peace, order, and good government; the recognition and the President of the Senate refused to receive, was not at any time in Mr. FERRY's the enforcement by just laws of all the civil and political rights of hands. .As to myself, I did take it up, and remarked in the hearing of several, every class of the community; the honest acceptance of the issues of including the Honse tellers, that I was a friend of Mr. FERRY's, and as the paper the war which resulted in the enfranchisement of the colored race seemed to be a private communication address('.d to him, I would take charge of it. I put it in my coat-pocket, intending to bring it away with other papers. and the endowment of that race with all the rights of American citi­ Being admonished by the President of the Senate that my reception of it might be zenship under the Constitution and its more recent amendments; the considered a constructive reception by him, I took it from my pocket and laid it in earnest desire to elevate the colored people to the plane of high civil­ plain view upon the desk where I was seated. I never again had it in my posses­ ization and enlightenment, to bring about harmony of feeling, and to sion and do not know where it is. I felt no responsibility concerning:_ it. If it was brought out of the Hoose, I do not know it. If it was taken at all, J. do not know raise them in the moral, political, and educational scale; to repress by whom. violence ~owing out of political and ethnical antagonism, and to see Respootfolly, all our c1tizens, regardless of race, color, or previous condition of GEO. C. GORHAM.. Ron. .TAMES A. GARFIELD, servitude, live togetber in the bonds of civil and political unity in our House of .ReprcsentatiTJes. great American brotherhood. I know, and I pledge my word and my honor to the truth of the declaration, now made in this solemn pres­ That letter clears up all possible question about the matter. I un­ ence on this grave occ~ion, that the white people of Louisiana, rep- · derstand that all persons belon~ing to the official force of the Senate resented by the overwhelming majority of its numbers, its capital, its who were present at the meetrng of the two Houses disclaim any intelligence, its culture, will in the administration of the government knowledge whatever of the whereabouts of the paper, and disclaim of the State, in its executive, legislative, and judicial departments, any implication that it was taken to the Senate at all. The fact that extend equal and impartial-justice to all classes of citizens; protect it has been discovered here in this House now ends the whole of that them alike and equally in the enjoyment of all their rights of life chapter. liberty, person, and property; repress violence and lawlessness no Mr. HEWITT, of New York. A Senate messenger brought it to me matter where it originates, or by whom committed, and thus insure and refused to tell me from whom he received it, although I asked that harmony and good feeling which go hand in hand with the prog­ him. ress of the State in the road of happiness and prosperity. Mr. GARFIELD. I did. not know that, and I have no desire to go The people of Louisiana have solemn, eru:nest, and, I believe, truth­ any further into that question. ful assurances from prominent members of the repn blican party, high The SPEAKER. Order must be preserved. There is too much in the confidence of Mr. Hayes, that in the event of his elevation to confusion in the Hall for the gentleman to be heard. the Presidency he will be guided by a policy of conciliat.ion toward Mr. GARFIELD. I will wait until Ajax and theotberchiefs have the Southern States, that he will not use the Federal authority or the settled their quarrel. [After a pause.] Now, Mr. Speaker, there is Army to force upon those States governments not of their choice, no pretense of a claim that under any law in America the President 2048 CONGRESSIONAL RECORD-HOUSE. MARCH 1,

of the Senate ought to receive this paper under the circumstances. reasons: First, each House has the right to say whether it is a paper Furthermore, the paper does not purport to be an electoral vote. proper or not to be received. '!'he Senate has the same right in that There is no signature on the back of the paper, as I am told, authen­ respect that we have. The question must be submitted to the two ticating it as from anybody in the world. For anything we know, Houses together, and each must separate and determine upon it. it is another mock certificate. But gentlemen say that they had a If the two Houses differ upon the question, then arises the very dispatch, which has been read, and made a part of one of the objec­ contingency which I have forewarned this House might arise at any tions. But this dispatch to the Speaker of the House only declares time. that some judge in Vermont has a certificate that Aldrich is an Further than that, if there are two returns, we have agreed by this elector. electoral law that they shall go to the commission and afterward be Now the fact that the pretended certificate of an elector was de­ determine<.l by the two Houses, respectively. Let us deal with this posited in the office of a justice in Vermont is of no account. It is question as the representatives of the people, not as democrats, not no authority for the statement that we have double returns of elect­ as republicans, but as guardians of the right of the House of Repre­ oral votes. It is no return of an electoral college. It does not pre­ sentatives in the electoral count: a right to pa.rt.ici ~ate in the decision tend to be. Therefore, Mr. Speaker, if anybody is deceived by the of every question that can be raised. pretense that we ought to have tlte paper opened in this House, com­ Mr. CATE. Will the gentleman allow me to ask him a questionf ing as it does in a round-about way, by an unauthorized hand, not Mr. FIELD. Certainly, if it does not come out of my time. sent here by any messenger known to the law and not delivered until The SPEAKER. It must come out of the gent.leman's time. after the time when it was lawful to deliver it, that pretense is cleared Mr. CATE. I desire to get the gentleman's ideas upon the question away. When gentlemen vote on this question, let them votE> upon submitted by the gentleman from Iowa [Mr. KAssoN] as to theeffect the facts as they know them, for a vote for this resolution is simply of a ·return not having been received on the day, or coming by a dif­ a vote to prevent the conclusion of the count an plunge the nation ferent channel than that provided by law. into anarchy. Mr. FIELD. I will answer the question of the gentleman with [Here the hammer fell.] pleaaure. There is no time fixed by law when a paper must be re­ 1\lr. STONE. I desire to say a word in connection with the remarks ceived to make it valiil. of the gentleman from Ohio, [Mr. GARFIELD.] He has read a letter Mr. HO.AR. Is there not a. source fixed by law through which these from Mr. Gorham, the Secretary of the Senate. Being one of the returns must come f . tellers on the part of the House I feel called upon to state what I Mr. FIELD. It is not so fixed by law as to deprive a State of its know in connection with this matter. When that package was sent rights under the Constitut.ion. You ha.ve decided-you gentlemen to the desk yesterday I saw Mr. Gorham throw it under the desk who, having acted as judges, come in here and debate with us what among the rubblMh. I immediately wrote a note to the gentleman you have decided-that the law cannot contravene the Constitution, from New York [Mr. HEWITI] informing him that the package had nor can Conpess derogate from the rights of a State. Congress been thrown under the desk. Mr. IlEWITI approached me and we conld not do It if it attempted it, and it baa not att-empted it. had some conversation, and during the time that conversation was This is what Congress has done. In 1792 it passed a. law that the going on I cast my eye towards Mr. Gorham I saw him take the pack­ certificate of the electors sho,uld be sent in by the :firt~t Wednesday in age from under the desk and put it into his coat pocket. Therefore January, but if not received by that time the Secretary of State should I have substantial proof of the fact that he did hold it in his posses­ send for it. He may send for it at any time before the two Houses sion. meet t-o count the vote. But the act of 179"2, if it were otherwise in Mr. HOAR. He says so himself. the way, has been repealed by the electoral law of this session, which Mr. FIELD. It is greatly to be regretted1 Mr. Speaker, that this declares that " all the certificates and papers purporting to be certifi­ whole day should have been consumed in an attempt to rectify a mis­ cates of the electoral votes of each State shall be opened." I have take of the President of the Senate. That it was a mistake I think I answered the objection that this paper has not been received1 because can show, a grievous mistake, which the dignity and self-respect of it ought to have been received. In point of fact it was delivered in this House should compel it to rectify if it can. our presence. It wa>S delivered by the member from New York [Mr. I shall not go into any question about the vote of Vermont, whether IlEWITI] to the President of the Senate, and he refused to receive it it be good or bad, nor inquire whether the paper which has been re­ or open it. Are the representatives of the people to submit to that f ferred to is of any value. All I know is that a question arose respect­ Are republicans to submit to itf If you do, then look out for ll:l81. ing it which the President of the Senate assumed to decide for him­ Let us pnt our heel upon the doctrine that the President of the self and refused to submit to the two Houses. Now, I deny that the Senate is, in respect to the counting of the electora,l vote, anything President of the Senate has power to decide any question or to do any­ more than a presiding officer; that up to the meetiug of the two thing except to keep order and exercise such power as is expressly Houses he is other than custodian of the cert.ifica.tes; and that when given to him by this electoral law. they are opened by him he has any other duty to perform than to You know, Mr. Speaker, and we all know that this is the very submit to the two Houses every question that may ari8e. question that has Jain at the foundation of our debates during this The SPEAKER. The time for discussion having expired, the prop­ whole session. At the beginning ofthe session it was maintained by osition of the gentleman from Kentucky, [Mr. KNorr,] which is first the republicans that the President of the Senate could count the votes in order, will be read. for President and. Vice-Presid.ent. Upon that point they stirred up The Clerk read as follows: the country, subsidized the press, and procured any number of legal Resolved, That this House requires that the package tendered by the member opinions. But what did it all come to at last 9 Why, sir, the Senate from New York (Mr. HEWI'IT] to the Prellillent of the Senate in the presence of itself after solemn debate repudiated the doctrine as having no real the two Houses on yeste-rday, ancl purportin~ to be a certificate of electoral votes for President and Vice-President of the Umwd States in the State of Vermont, foundation. And the President of the United States, in a message to shall be opened by the President of the Senate in the presence of the two Houses, Congress, declared that never in the history of this Government, from and if found to be such a. certificate, the same shall be submitted, together with first to last, had the President of the Senate assumed to decide any the certificate read in the presence of the two Houses, to the electoral commission question in dispute. for its jud~ment and doolSion; and that the Senate be requested to make a like order :reqUiring the President of the Senate to open said package in the presence Now, he does assume to decide this question whether or not the of the two Houses, and until such order be made the House will not be ready to paper tendered to him by the member from New York [Mr. HEWITI] meet the Senate to proceed with the count of the electoral vote. was a return to be opened by him. I say that if the members of this House consent to this attempt of the Presiding Officer of the Senate, :Mr. SPRINGER. I call for the yeas and nays on the adoption of • then they must take heed to what is coming, for at the next quad­ this resolution . rennial election the Senate may come into this Hall and its President '!'he yeas and nays were ordered. may say," I am to determine which are the returns to be opened." The Clerk proceeded to call the roll, but was interrupted by He may say, in answer to questions put to him, as he said yesterday, Mr. HAMILTON, of New Jersey, who said: I rise to a parliament­ ''I have not received such a return." And shall we be told that no ary inquiry. Is it in order to have that paper read f If so, I request one has the right to demand, "Why have you not received it Y It that it be read. was your duty to receive it. At all events, whether it was your duty The SPEAKER. The Chair has not the paper. to receive it or not depends not upon you, but upon us." Mr. BLAND. I rise to a parliamentary inquiry. Is it in order to Suppose that the Presideutof the Senate hadrefu!.'ied to receive the have a ilivison of the question upon this resolution! certificate from Florida known as No. 3, which he did receive on the Mr. CONGER. I submit that this demand is too late, as the first 31st day of January, would that have been a reason why we should not name on the roll had been called. have insisted upon its being opened and read f Mr. BLAND. I desire a separate vote upon the last clause of the Obsta principii.s, is the rule of prudence and t.he rule of law. The resolution providing that until such order be made by the Senatd Commons of England have gained the liberties of the English people, the House will not be rea{ly to proceed with the counting of the vote. which have made our Anglo-$axon race the glory of t.lie earth, by The resolution contains two distinct propositions. [Cries of" Regular standing upon the smallest question that concerned their privileges. order!"] We must not give up jot or tittle o:l! the rights of this House. It was Mr. CONGER. '!'he roll-call had commenced. the duty of the President of the Senate, when that paper was before The SPEAKER. The roll-call had commenced and will proceed. him, instead of refusing to receive and open it, to eubmit the ques­ The question was taken; and there were-yeas 116, nays 14t:l, not tion to the two Houses, and the only remedy that can be now had is voting 22 ; as follows : for him to be invited back here to open the paper in our presence. YEAS-Messrs. Ainsworth, Ashe, Atkins, Bagby, John ll. Bagley, jr., Banning, Beebe, Blackburn, Bland, Bliss, Blount, .Boone, Bradford, Bright, Buckner, Sam­ Why, it may be asked, cannot it be opened here by you, Mr. uel D. Burchard, Carr, Cate, Caulfield, Chapin, John B. Clarke of Kentucky, John Speaker t Why did I object to its being received by you! For two B. Clark,jr., of Missouri, Cochrane, Collins, Cook, Cowan, Cox, Culberson, Davis, 1877. CONGRESSIONAL RECORD-HOUSE. 2049

De Bolt, Dibrell, Douglas, Eden, Ellis, Fa~kner, Field, Finley, Forn~, Franklin, I The SPEAKER. Debate is not in order. Fuller, Glover, Goode, Andrew H. Hamilton, ~bert Hamilton, Hardenbergh, Mr. HOPKINS. I was only responding to the gentleman from New Henry R. Harris, John T. Hartis, Harrison, Hartridge, Hartzell, Hatcher, Henlllle, Holman, Honse, Humphreys, Hurd, Jenks, Frank Jones, Thomas L. Jones, Knott, York. Franklin Landers, Lane, Luttrell, Lynde, Mackey, Maish. McFarland, McMahon, Mr. HUMPHREYS. Let us have the yeas and nays. Meade, Mills, Money, Morrison, Mutchler, O'Brien, OdeU, John F. Philips, Pop· The yeas and nays were ordered. pleton, James B. Reilly, Rice Riddle, John Robbins, William M. Robbins, Rob­ erts, Miles ~ss, Sava§ae, Sayier, Scales, Schumaker, Sheakley, Slemons, William The question was taken; and it was decided in the negative-yeas E. Smith Southard, parkS, Springer, Stanton, Stenger, Stone, Teese, Terry, 115, nays 147, not voting 28 ; as follows : Thomas, Thompson, Tucker, Turney, John L. Vance, Robert B. Vance, Waddell, YEAS-Messrs. Ainswo~ Ashe, Atkins, Bagby, John Bagley, jr., Banning, Gilbert C. ~~er, W~~· W~h,ErastnsWells, Whitthorne, Wigginton, Wike, :s;. Jere N. Williams, Ben)amm Wilson, and Young-116. Beebe, Blackburn, Bland, Bliss, Blount, Boone, Bradford, Bnght, Buckner Samuel NAYS-Messrs. Adams, George A. Bagley, John H. Baker, William H. Baker, D. Burchard, Carr, Cate, Caulfield, Chapin, John B. Clarke of Kentucky' John B Ballou, Banks, Belford, Bell, Blair, Bradley, John Young Brown, William R. Clar~, jr., of Mis~ouri, Clymer, Cochrane, .Collin~, Cook, Cowan, Cox, C~berson; DaVIs, De Bolt, Dibrell, Do'jj!;:j Eden, Field~_.Finley, Forney, Franklin. Fuller, Brown, Horatio C. Burchard, Burleigh, Bortz, Campbell, Candler. Cannon, Ca.. 1 son, Caswell, Chittenden, Conger, Crapo, Crounse, Cutler, Danford, DarraH, Glover, Goode, Andrew H. ton, ~bert .1:1a.milton, Hardenber..,h Henrv R. Davy, Denison, Dobbins, Dunnell, Durham, Eames, Egbert, Evans Felton Flye, Harris, John T. Harris, Harrison, Hartridee, Hartzell, Hatcher Hen'hl~ HoliDan Fort, Foster, Freeman, Frye, Garfield, Gause, Goodin, Gunter, Hale, Ha~cock, Hooker, Hop~s, Honse, Humphreys, Hurd., Jenks, Frank.Jone~, Thom~L. Jones: Haralson, Benjamin W. Harris, Hathorn, Haymond, Hays, Hendee, Henderson, Knott, ~Landers, L:nttrell, Lynde, Mackey, Maish, McFarland, McMahon, Abram S. Hewitt, Hill, Hoar, Hoge, Hopkins, Hoskins, Hubbell, Hunter, Hurl· Meade, Mills, Money, Mornson, Mutchler, O'Brien, Odell, John F. Philips Popple­ ton, Rea, James B. Reilly Rice, Riddle, .W:Uliam M.. Robbins, Miles Ros~. Saylm·, but, Hyman, Joyce, Kasson, Kehr, Kelley, Kimball, Lamar, George M. Landers, Scales, Schumaker, Shea.JUey,1 Slemons,William E. Srmth, Southard, Sparks Spring­ Lapham, Lawrence~,.~~venworth, Le Moyna, Lord, Lynch, Magoon, MacDouaall, SOn, Schleicher, SOOlye, Singleton, Sinnickson, Smalls, A. Herr Smith, NAYS-Messrs. Adams, George A. Bagley, John H. Baker, William H. Baker,, Stevenson, Stowell, Strait, Swann, Thornburgh, Throckmorton, Martin I. Town­ Ballot!, Banks, Belford, Bell, .Blafr, Bradley, John Young Brown, William R. Brown,. send, Washington Townsend, Tufts, Van Vorhes, Waldron, AlexanderS. Wallace, Horatio C. Burchard, Burleigh, Buttz, Candler!.-..Cannon, Cason, Caswell Chitten-· John W. WaJiace, Ward, Watterson, G. Wiley Wells, White, Whitehouse, Whit­ den, Conger, Crapo, Crounse, Cutler, Danford, JJa.vy, Denison Dobbins' Dunnell, in~. ~illard •. .Af!drew W~ams, AlP.h;eus S. Wpliams, Charl~s G. Williams, James Williams, William B. Williams, Willis, Wilshire, James Wilson, Alan Wood, jr., Durham, ~ames, Egbert, Ellis, Evans, Felton, Flye, Fort, Foster, Freen'ta.n, Frye ; Fernando Wood, Woodburn, Woodworth and Yeates-148. Garfield, Gause, Gunter, Hale, Hancock, Haralson, Benjamin W. Harris, Hathorn;, NOT VOTING-Messrs. Abbott, Anderson, Bass, Cabell, John H. Caldwell, Haymond, Hays, Hendee, Henderson, AbramS. Hewitt, Hill, Hoar, Hoge, Hoskins,. William P. Caldwell Clymer, Durand, Gibson, Goldsmith W. Hewitt, Hooker, Hubbell, Hunter Hurlbut, Hyman, Joyce, Kasson, Kehr, Kelley, Kimball, Lamar,. Hunton, King, Levy, Lewis, Metcalfe, Milliken, Piper, Purruan, Stephens, T:n·box, George M. Landers, Lane, Lapham, Lawrence, Leavenworth Lord, Lynch Ma­ Wait, Charles C. B. Walker, Warner, Warren, and Wheeler-26. goon, Matfld, Platt,. Po~ter, Powell, Pratt, Ramey, Re~ga.n, John Reilly, John ~bbins, Robmson, Sobieski ~~s, Rusk, Sampson, Schleicher, Seelye, Singleton, Sinnick­ During the roll-call, son, Smalls, A. Herr Srmth, Stevenson, Stowell, Strait, Swann Tarbox, Thornburgh Mr. TUCKER said: My colleagues, Mr. CABELL and Mr. Hmrrox, Throckmorton, Martin L Townsend, Washington Townsend, Tufts Van Vorhes' are absent from the House by reason of sickness. Waldron, Charles C. B. Walker, Alexander S: Wallace John W. Walla.und to be ~uch a certificate, the same shall be snbimtted, together with the cer­ ~cate read m th~ :presence of the two Houses, to the electoral commission for its but the practice of the House the Chair thinks would allow the mo~ Judgment and dems10n ; and that the Senate be requested to make a. like order re­ tion to reconsider. If the gentleman from Massachusetts, however, lw~~;:e~~esident of the Senate to open said package in the presence of the can point to any rule the Chair would like to have him do it. Mr. BURCHARD, of Dlinois. Not when it is partly executed. Mr. WOOD, of New York. That is substantially the same resolu­ Mr. HOOKER. It is entirely executed so far as the vote on the tion which was just voted down. proposition is concerned. Mr. CAULFIELD. No, sir; I ask the gentleman from Pennsyl- Mr. WALLING. That is a very different proposition from this. vania to state the difference. This is a different proposition from that of the gentleman from New The SPEAKER. Debate is not in order. York. Mr. HOPKINS. It is the same resolution, except the last four lines. Mr. BANKS. The rule relative to this question is that when the Mr. RICE. Let us have the yeas and nays. previous question is ordered the questions pending upon which it is Mr. PAGE. I make the point of orderthat this is the same propo­ ordered and covered by it must be voted on before any new question sition once voted on. can be proposed to the House. · This motion to reconsider therefore Mr. WOOD, of New York, rose. is at variance with that rule. Mr. HOPKINS. I voted against the other resolution because of the Mr. SPRINGER. The HollSe voted to reconsider and lay on the last four lines. table a few minutes ago. V-129 2050 CONGRESSIONAL RECORD-HOUSE. MARon 1,

1\Ir. BANKS. This part of Barclay's Digest has been handed to me gleton, Sinnlckson, S1emons, Smalls~ A. Herr Smith, Stevenson, Stowell, Strait, Tar­ and I will call attention to it. It is on page 172. It is not in order box, Teese, Thomas, Thornbnrgh, Tnrockmorton, Martin I. ToWJ].send, W asbingt{)n to move the reconsideration of a vote on ordering the main question Townsend. Tucker, Tnfta, Van Vorhes, Waldron, Charles C. B. Walker, Alexander S. 'Yallace, John_':\'"· Wal!ace, WatWrson_, ~rastus Wells~ G. Wiley 'Vella, White, when it iB partly executed. No motion can be made until the previ­ ~!-chouse, Whi~~·. Wike, 4-n.drew W~~ms, Alp_b~us S: W!lllams, Charles G. ous question is executed. Williams, Jl!'mes Wnnams, William B. Williams, Willis, Wilshire, James Wilson, 11~. WILSON, .of Iowa. The latest ruling we have had.on this Alan Wood, Jr., Fernando Wood, Woodburn. Woodworth, and Yea.ws-171. NAYS-Messrs. Ashe, Atkins, John H. Bagley,jr., Banning, Beebe, Blackburn subJect was, I think, from 1\Ir. Speaker Cox, who held that a motion Bland, Bliss, Boone, Bradford, Bright, Bnckrier, Samuel D. Burchard, Cate, Job~ to re~onsider was not in order until the operation of the previous B. Clarke of Kentnckv, Job? B. Clark, jr., of Missouri, Cochrane, Collins, Cowan, question had been exhausted upon the amendments and the main Cox, Culberson, De Bo"lt, D1bre~, Do~las, Faullme~, Finley, Forney, Fra.nlilin, question. Fuller, Glover, Andrew R. Hamilton, .ttenry R. Harns, ,John T. Harris, Hatcher, Henkle, Hooker, Humphreys, Hur~ Thomas L. Jones, Knott, Franklin Landers, 1\Ir• . HO.SKINS_. As I understand the operation of the previous Lane, Lu~trell, Lynde, Mackey, Maish, McMahon, Meade, Money, Morrison, Mutch· question, It applies not only to the amendment, but to the original ler, O'~T1en, John F. Philips, Poppleton, Rice, Riddle, William M. Robbins Rob­ resolution. And in this case, of course, the previous question attaches erts, Miles Ross, Scale.perly ruled that amendments are in order, yet table. it is not in order to put a motion to remove the entire subject from Mr. LANE. I call for the yeas and nays. the House, as a motion to lay on the table would do. The yeas and nays were ordered. The SPEAKER. The vote on the ~otion to lay on the table is a The Clerk commenced to call the roll. counterpart of the vote that would carry the resolution. Air. LANE, (interrupting.) I addressed myself to the Chair before Mr. SPRINGER. If the House lays this resolution on the table the call of the roll commenced. I desire to have the proposition read another resolution could be offered under the law. that the House may understand it. ' Mr. HOAR. But the previous question is operating. Mr. WELLS, of Mississippi. I rise to a question of order. I wish Mr. SPRINGER. But the previous question will exhaust itse1f to know if the fentleman can interrupt the roll-calL when we have passed upon all the questions now pending. . Mr. L~. rose and addressed the Speaker in time. I do not Mr. WALLING. There is no possible doubt that upon every prin­ mtend to VIolate the rules. I desire that the Clerk shall read the ciple of parliamentary law the motion is in order. o_riginal proposition, the vote on which it is now proposed to recon­ Mr. McCRARY. The language of the law is as follows. I read sider. from the close of the fourth section : The SPEAKER. The roll-call has been commenced. And after such debate shall have !Mted two hours it shall be the duty of each Mr. LANE. I addressed myself as well as I could and as loudly as House to put the main question without further debate. I could to the Chair before the commencement of the roll.call. Now, if that be the duty of the Chair he certainly cannot enter­ The SPEAKER. The Clerk will proceed with the call. tain a motion to lay upon the table, for suppose that motion should The Clerk continued and completed the call of the roll. be carried, then the question could not be put in accordance with the The question being taken, there were-yeas171, nays 80, not voting requirement of the statute. 39 ; as follows : Mr. SPRINGER. If the motion to lay on the table should be car­ ~AS-Messrs. Adams, Ainsworth, Bagby_. George A. Baaley, John H. Baker, ·ried the gentleman from Iowa or any other gentleman may move William H;- ~aker, Ballou, Banks_. Belford, Bell, Blair, Blount, jjradley, John Young another resolution in accordance with the expressed desire of the House Brown, William R. Brown, Horatio C. Burchard, Burleigh, Bnttz Campbell, Candler, Cannon, Carr: Cason, Casw~ll, Chittenden, Conger, Crapo, Crom~.se. Cutler, Danford. under the statute. If one resolution be defeated another may be Darrall, DaVIs, Davy, Damson, Dunnell, Durham, Eames, Eden Ellis Evans Fel­ offered, and therefore we may lay the pending resolution on the table ton, lflye, Fort, Foster, Freeman, Frye, Gause, Goode, Goodin, G~ter, Hale, RObert and adopt something else. ~milton, Hancock, Haralson, Haraenbergh, Ben..iamin W. Harris Harrison, Hart­ Mr. WOOD, of New York. I submit that the rules of the House ri~ge, Hartzel, Hatbo~, Haymond, Hays, Hendee, Henderson, Abram S. Hewitt, Hill, Hoar, Hoge, Hoskins, Rubbell, Hunter, Hurlbut, Hyman, Jenks Frank Jones must be construed according to the law which provides that we have Joyce, Kasson, Kehr, Kelley, Kimball, King, Lamar, George M. Landers, Lapham: to vote in the affirmative and negative on the question of this elector Lawrence, Leavenworth, LeMoyne, Levy Lord. Lynch Magoon MacDougall Mc­ from Vermont, and we must decide that question now. If the gen­ Crary, McDill, McFarland, Miller, Monroe 'Mor"an Nash, Neal, N6W Norton Odell, Oliver, O'Neill, Packer, Page, ~ayne, Phelps, Willi~m A. ;phillips, Pierce, PJksted, tleman from Ohio [Mr. WALLL"'iG] can move to lay the resolution Platt•. Potter, ;powell, PJ:att, ~amey, Rea, Reagan, John Reilly, James B. Reilly, John settling that question upon the table he can prevent the House from Robbm~ Robmson, Sob1eslti Ross, Rusk, Sampson, Sayle:.:, Schleicher, ~eelye, Sin· coming to a vote. 1877. CONGRESSIONAL RECORD-HOUSE. 2051

The SPEAKER. The Chair will state in answer to the gentleman C. B. Walker, .Alexander S. Wallace, John W. Wallace Warren, Watterson, G -who refers to the law that these are motions which appertain to and WileyWells, White, Whitehouse, Whiting, Willard, .Andrew Williams, Alphen~ S ..Wi!liams, qha~les G; Williams, Jam*:s Williams, William B. Williams, Willis, are allowed in the progress of the main question being put. Wilshire, BenJamm Wilson, James Wilson, Alan Wood, jr., Fernando Wood Mr. WOOD, of New York. In ordinary cases, but this is an extra­ Woodburn. Woodworth, and Yeates-167. ' 'Ordinary cruse, and we are operating under an extraordinary law. NOTVOTING-Messrs. Abbott, Anderson, Ashe, 'Banning, Bass, Beebe Bland, The SPEAKER. The Chair understands the law to provide that B.rad.ford, Buckner, Cabell, John H. Caldwell, WilliamP.Cali:lwell, Caulfield, Cha­ PJ?i Clymer, C!>Ok, Cow~, Cox, Culberson, Danford, Davis, Durand, Egbert, the main question shall be put at the end of the two hours of debate F1e d, Fnlle~Gibson, Goodm, Robert Hamilton, J ohn T. Harris Hays GoldSmith but these motions are motions allowed and recognized under the rule~ W. Hewitt, .1:1olman, Hopkins, Hunton, Hurd, Frank Jones, Kn~tt, ~nklin Lan­ and which are applicable where the main question is ordered. ders, LeMoyne, Lewis, Maish, Metcalfe, Milliken, Neal, Odell, Phelps, Piper, Pur­ man, Scales, Sheakley, Slemons, Stephens, Swann, Wait, Waldron Walsh Ward Mr. WOOD, of New York. The Chair will pardon me; suppose Warner, Erastus Wells, Wheeler, Jere N. Williams, and Yonng--62. ' ' this motion to lay upon the table should carry, the effect would be that the House could not decide the main question. So the motion to lay on the table was not agreed to. The SPEAKER. On the contrary, another proposition to decide it Doring the call of the roll the following announcements were can be offered. · made: Mr. BEEBE. It can be done under the provisions of the law with­ Mr. FORNEY. My colleagues, Mr. BRADFORD and Mr. HAYS are out any motion at all. absent on account of being unwell, anfl are paired. If they ~ere Mr. WILSON, of Iowa. If the Chair desires to hear any further present Mr. BRADFORD would vote "ay," and Mr. HAYS would vote remark, I will say, in regard to the motions which have been made '·'no." since the previous question was ordered, that the electoral bill was Mr. WILLIS. My colleague, General WARD, is absent and paired framed entirely upon the rules of both the House and the Senate. with Mr. CooK, of Georgia. If :Mr. WARD were here be would vote The Senate for example bas no previous question. A ministerial duty "no," and Mr. CooK would vote "ay." devolves upon the Chair at the end of two hours to put the question Mr. WELLS, of Mississippi. I desire to announce that Mr. WAIT on the main question, and the Chair could with great consistency of Connecticut, is paired with Mr. CALDWELL, of Alabama. If pres~ have held that at the end of two hours the main question, "Shall the ent M.r. WAIT would vote "no," and Mr. CALDWELL would vote "ay." decision of the commission stand as the judgment of the House f" should Mr. JOHN REILLY. My colleague, Mr. HOPKINS, is absent on ac­ be then put. Whenever the previous question is seconded, you have count of sickness. und~r the rules of tb~ House, all tb~ subsidiary motions, amendments: Mr. ELLIS. My colleague, Mr. GmsoN, is absent on account of motiOns to table, motions to recons1der that motion, and a consequent illness. If here be would vote " no." · · absolute impossibility of executing this law. Mr. COCHRANE. My colleague, Mr. CLnrnR, is absent on a com- Now there is no disposition to find fault with the entertaining of an mittee of conference. amendment showing the views of the minority, although I believe Tho vote was then announced as above recorded. that the law strictly construed cuts it out. But when we go further Mr. WOOD, of New York. I now call for the regular order. and appeal to our rules outside of the law, rules which the Senate :Mr. POPPLETON. I move to reconsider the vote by which the could not apply and under which we are doing somethin(J' not con­ House refused to lay on the table the amendment moved by the gen­ templated by the law, it would be perfectly competent fgr the mi­ tleman from New York, [Mr. WooD.] nority in counting the votes of the few remaining States to defeat the Mr. WOOD, of New York. I raise the point of order that that mo­ count by these dilatory motions, and I hold that under the law these tion cannot be entertained. dilatory motions cannot be entertained. The SPEAKER. Why not f The SPEAKER. The Chair desires to state that the law reads as :Mr. WOOD, of New York. Because its intention and design is to follows: "Bu~ after such debate shall have lasted two hours, it shall continue this session unnecessarily. be the duty of ea{}h Honse to put the main question without debate." Mr. FRANKLIN. How do you know tbatf Now the Chair thinks that any motions which are allowed by the 1\Ir. WOOD, of New York. It is a dilatory motion. rules of the House, and which pertain to the main question, are al­ The SPEAKER. The Chair thinks it is a motion which under the lowable at any period.of tha progress of the main question. roles of the House pertains to the main question. Mr. WILSON, of Iowa. Then one word further and I will not say l\Ir. WOOD, of New York. It is a dilatory motion. anything more. It will be ·absolutely necessary for this House, as a Mr. FRANKLIN. How does the gentleman know that t question of the highest privilege, if they intend to execute this law, to Mr. WOOD, of New York. It is designed to have that effect and a.dopt a resolution cutting off all filibustering, or we may as well stop that is its purpose. ' nghtnow. !.Jr. FRANKLIN. It may have that effect; but how does the 0O'en:. Y ~·.WALLING. I deny ~hat there is any intention on the part of tlemen know that that is the design th1s s1de of the House to filibuster. When fraud is law ffiibusterin(J' The SPEAKER. The question is upon the motion to reconsider. is patriotism. o Mr. HANCOCK. On that motion I call for the yeas and nays. Mr. GARFIELD. If the Chair has ruled that this motion to lay on The yeas and nays were ordered. the table is in order, I hope we will now proceed to vote. T.he question was taken; and there were-yeas 64 nays 162 not Mr. REA~A:N· I wish to say in regard to this motion to lay on the votmg 64; a.s follows: ' ' table that, if It should succeed and another similar resolution should YEAS-;~essrs. Ashe, Atkins, .John H. Bagley, jr., Banning, :Blackburn, Bliss, Boone, -:william.P. C~dwell, Carr, Ca~, John B. Clarke of Kentucky, John B. be offered and it is competent to move to lay that on the table it C~ark, Jr., of Missoun,. Cochrane, Collins, Oowan, Cox, DeBolt, Dibrell; Douglas, seems to me we may go on indefinitely, and cannot protect oursel~es Finley, Forney, Franklin, Glover, Andrew H. Hamilton, Henry R. Harris, Herikle, against delay under the rulin(J' indicated by the Chair. Hooker, Humphreys, ~urd, Thomas L. J.ones, Knott, Lane, Luttrell, Lynde, Maish, The question was taken on the motion to lay on the table· and upon McMahon, ~ea.de •. Mills, Money, ¥mTison, Mutchler, O'Brien, John F. Philips, Poppleton, ~tlce, Riddle, Roberts, Miles Ross, Sheakley, Slemons, William E. Smith, a division there were-ayes 65, noes 119. ' Sparks, Sprmger, Stanrot;t, Steng~r, Stone, Terry, Turney, John L. Vance, Robert Before the result of this vote was announced, B. Vance, Waddell, Walling, Wbitthorne, and Jere N. Williams-64. Mr. WALLING called for tellers. NAYS-Messrs. Adams, Ainsw

Mr. PLAISTED. My colleague, Mr. FRYE, is absent on account of Mr. CAULFIELD. I do not insist on the amendment, but I insist sickness. If present he would vote "no." on the reading of the original resolution. Mr. WIGGINTON. I am paired with the gentleman from Missis­ The SPEAKER. That is not before the 'House. sippii Mr. LAMAR. If present he would vote in the negative and I Mr. LANE. I ask by unanimous consent that the original propo· shou d vote in the affirmative. sition be read. 1\Ir. HUMPHREYS. The gentleman from Texas, Mr. REAGAN, and Mr. WELLS. of Mississi_ppi. And I object. the gentleman from Indiana, Mr. FULLER, are paired. The question was taken; and it was decided in the affirmative­ Mr. FORNEY. · My colleagues, 1\Ir. BRADFORD and Mr. HAYES, are yeas 206, nays 19, not voting 65 ; as follows : paired. Mr. BRADFORD would vote "ay " and Mr. HAYEs "no." YEAS-Messrs. Ashe, Atk:ina, George A. Ba.aley, JohnH.Baaley, jr., William H. Mr. HATCHER. l\fy colleague, Mr. BLAND, has gone home sick. Baker, Ballou, Banks, Banning, Beebe, Belford, Bell, Blackburn ;:Blair, Bland, Boone, If present he would vote "no.'' Bradley, Bright, John Young Brown, William R. Brown. Horatio C. Burchard, Sam. nelD. Burchard, Burleigh, Willia.mP. Caldwell, Campbell, Candler, Cannon.Carr.Ca. Mr. WIRE. My colleague, Mr. BAGBY, has been called from the son, Chittenden, John B.Cla.rk,jr., of Missouri. Cochrane, Collins,Con~er, Cox, Crapo House on account of illness. If present he would vote ''no." Crounse, Culberson, Cutler, Danford, Darrall, De Bolt, Denison, DilJrell, Dongla~: Mr. WELLS, of Mississippi. The gentleman from Connecticut [Mr. Dunnell, Durham, Eames, Eden, Ellis, Evan~ Faulkner, Felton, Finley, Forney, W .AIT] and the gentleman from Alabama [Mr. CALDWELL] are paired. Foster, Franklin, Freeman, Frye, Garfield, uause, Glover, Goode, Gunter, Hale, Andrew H. Hamilton, Hancock, Haralson, Hardenbergh, Benjamin W. Harris, Mr. W .AIT would vote "no" on this question and Mr. CALDWELL Henry R. Harris, Harrison, Hartridae, Hartzell. Hatcner, Hathorn, Haymontl, "ay." Hendee, Henderson, Henkle, Abram 'S. Hewitt, Hill, Hoar, Hoge, Hooker, Honse, The result of the vote was announced as above stated. Hubbell, Humphreys, Hunter, Hurd, Hurlbut, Hyman, Jenks, Thomas L. JonM, Mr. WOOD, of New York. I move to suspend the rules and adopt Kasson, Kehr, Kelley, Kimball, King, Lamar; Franklin Landers, George M. Lan. ders, Lane, Lapham, Lawrence, Leavenworth, Levy, Lord, Lynch, Ma.ckey, Ma~~n, the following resolution-- Maish, McDougall, McCrary, McDill, McMahon, Meade, Miller, Mills, Money, .JUOU· The SPEAKER. It is not now in order. The House is operating roe, Morgan. Mutchler, Nash, New, Norton, O'Brien, Oliver, O'Neill, Packer, Pap:e, under the previous question. John F. Philips, William A. Phillips, Pierce, Plaisted1 Platt, Poppleton, Potter. Pow. Mr. WALLING. And the gentleman himself put the House under ell, Pratt, Rainey, Rea., James B. Reilly, Rice, Rtddle, John Robbins, William M. Robbins, R.oberts, Robinson, Miles Ross Sobieski Ross, Rusk, Sampson, Scales, the constraint of the previous question. Sr.hleicher, Seelye, Sheakley, Singleton, Sinnickson, Slemons, A. Herr Smith, Mr. WOOD, of New York. Then I ask a direct vote on the amend­ William E. Smith, Southard, Sparks, Springer, Stenger, Stevenson, Stone, Stow­ ment proposed by me. ell, Strait, Teese, Terry, Thornburgh, Throckmorton, Martin L Townsend, Wash­ ington Townsend, Tufts, Turney, Van Vorhes, John L. Vance, Robert B. Vance, The SPEAKER. The amendment of the gentleman from New York Waddell, Charles C. B. Walker, Alexander S. Wallace, John W. Wallace, Walling, will be read. Warren, Watterson, Erastus Wells, G. Wiley Wells, Whitehouse, Whitthorne, The Clerk read as follows : Wigginton, Willard, Andrew Williams, Alphens S. Williams, Charles G. Will­ Ordered, That the vote of Henry N. Sollace, claimillg to be an elector for the iams, James Williams, William B. Williams, Willis, Wilshire, Benjamin Wilson, State of Vermont, be not counted. James Wilson, Alan Wood, jr., Fernando Wood, Woodburn, and Yeates-206. NAYS-Messrs. Adams, Ainsworth, John H. Baker, Bnttz, Davy, Dobbins, Fort, 1\Ir. CAULFIELD. I rise to a question of order. The main ques­ Joyce, LeMoyne, Lynde, Neal, Pnrman, John Reilly, Savage, Smalls, Tucker, White, Whiting, and Wike-19. tion, as I understand, must be ordered after two hours' debate. NOT VOTING-Messm. Abbott, Anderson, Bagby, Bass, Bliss, Blount, Bradford, The SPEAKER. It has been. Buckner, Cabell, John H. Caldwell, Caswell, Cate, Caulfield, Chapin, John B. Mr. CAULFIELD. Yes, sir; the view that! take of the law, after Clarke, of Kentucky, Clymer, Cook, Cowan, Davis, Dura.nd~gbert, Field, Flye, reading it carefully, is this- Fnller, Gibson, Goodin, Robert Ha.milLon, John T. Harris, .1:1.ays, Goldsmith W. Hewitt, Holman, Hopkins, Hoskins, Hunton, Frank Jones, Knott, Lewis, Luttrell, The SPEAKER. This is not a point of order. McFarland, Metcalfe, Milliken, Morrison, Odell, Payne, Phelps, Piper, Reagan, Mr. CAULFIELD. Well, I make a point of order. My proposition Sayler, Schumaker, Stanton, Stephens, Swann, Tarbox, Thomas, Thompson, Wait, is that the amendment of the gentleman from New York is not before Waldron, Gilbert C. Walker, Walsh, Ward, Warner, Wheeler, Jere N. Williams, the House, has never been discussed before the House. The main Woodworth, and Young~5. question before this House to-day has been whether in regard to the · So the amendment was agreed to. vote of the State of Vermont there was a single return or a double re­ During the roll-call, turn. I propose to read the law: Mr. COOK stated he was paired with Mr. WARD, and that both That when the two Houses separate to decide upon an objection that may have would vote in the affirmative. · been made to the counting of any electoral vote or votes from any State, or upon Mr. WELLS, of Mississippi, stated that Mr. W .AIT waa paired with objection to a report of sara commission or other question arising under this act, each Senator and Representative may speak to such objection or question ten min· Mr. CALDWELL, of Alabama, and both would vote in the affirmative. utes, and not oftener than once. 1\Ir. JOHN REILLY stated that 1\Ir. HoPKINS was absent on ac- count of sickness. The question that arose under this act was whether there was a Mr. !!:lACKEY stared that he was paired with 1\Ir. WOODWORTH. single or a double return; that is the only question now before t.he The vote was then announced as above recorded. House; and we have therefore the right to debate the gentleman's Mr. O'BRIEN. I move to reconsider the vote by which the amend­ amendment, when it does come up, for two hours more. ment of the gentleman from New York [Mr. WooD] was adopted. The SPEAKER. There is nothing in the law about debating any 1\Ir. GARFIELD. And I move to lay that motion upon the table. resolution. The debate contemplated by the act is upon the objec­ Mr. WOOD, of New York. I wish to inquire whether the proposi­ tion. tion to reconsider is not a dilatory motion Y Mr. CAULFIELD. I rise now to a parliamentary inquiry: What Mr. O'BRIEN. 0, no; not at all, sir. [Great laughter.] was the motion before the House during the debate to-day t The SPEAKER. The Chair is not bound at this stage to express l\1r. PAGE. The objections. any opinion on such a subject. 1\Ir. CAULFIELD. What objection f :l'Yir. WELLS, of Mississippi, demanded the yeas and nays. The SPEAKER. The law provides for debate upon the objection. The yeaa and nays were ordered. Mr. CAULFIELD. If that be the case, then we have not debated The question was taken ; and it was decicled in the affirmative­ the objection, because we have not had the certificate before the yeas 172, nays 55 not voting 63; as follows: House. The objection has not been debated. 1 The SPEAKER. That is no point of order at all. The question YEA..q_Messrs. Adams, Ainsworth, Bagby, John H. Baker, William H. Baker, Ballou, Banks, Bell, Blackburn, Blair, Blount, BradJey, Bright, John Young Brown, now is on the amendment of the gentleman from New York, which William R. Brown, Buckner, Horatio C. Burchard, Samuel D. Burchard, Burleigh, has just been read. Buttz, Campbell, Canctler, Cannon, Carr, Cason, Caswell, Chapin, Chittenden, Mr. CAULFIELD. I ask the amendment be read. Conger, Crounse, Culberson, Cutler, Danford, lJavis, Davy, Denison, Dunnell, Dur­ Mr. EDEN. You cannot call for the reading of the amendment ham, Eames, Eden, Ellis, Evans, Faulkner, Felton, Flye, Fort, Foster, Freeman, Frye, Garfield, Gause, Goode, Goodin, Gunter, Hale, Hancock, Haralson, Harden. when the House is dividing, and I object to the reading of the amend­ bergh, Benjamin W. Harris, Harrison, Hartridge, Hartzell, Hatcher, Hathorn, Hay· ment. mond, Hays, Hendee, Henderson, Abram S. Hewitt, Hill, Hoar, Hoge, Hoskins, The SPEAKER. The gentleman from Illinois objects. Honse, Hubbell, Hunt~r, Hurd, :Jlnrlbnt, Hyman, Jenks, Frank Jones, Joyce, Mr. WELLS, of Mississippi. I demand the yea.s and nays on the Ka8son, Kehr, Kelley, Kimball, King, Lamar, Franklin Landers, George M. Lan­ ders, Lapham, Lawrence Leavenworth, Le Mo:vne, Levy, Lord, Lynch, Magoon, pending amendment. MacDougall, McCrary, McDill, McFarland, Miller, Monroe, Morgan, Nash, Neal, The yeas and nays were ordered. New, Norton, Oliver, O'Neill. Packer, Page, William A. Phillips, Pierce, Plaist~d, Mr. CAULFIELD. I demand we shall know what we are voting Platt, Potter, Powell, Pratt, Rea, Reagan, James B. Reilly, John Rol.lbins, William on. What is the amendment and what is the original proposition to M. Robbins, Robinson, Sobieski Ro.ss, Rusk, Sampson, Sayler, Scales, Schleicher, Seelye, Singleton, Sinnirkson, Smalls, A. Herr Smith, Stevenson, Stowell, Strait, which the amendment is offered f Tarbox, 'l'l1ornburgh, Throckmorton, Martin I. Townsend, Washington Townsend, The SPEAKER. The Chair has stated the amendment, on which Tucker, Tufts, Van Vorhes, Waddell, Alexander S. Wallace. John W. Wallace. the House is now dividing, and that amendment has been read. It Warren, Watterson, G. Wiley Wellil, White, Whitehouse, Whiting, Wike, Will· ard, Andrew Williams, Alpheus S. Williams, Charles G. Williams, James Will­ has been read once at this stage, and it is not in order to have it read iams, William B. WilliamsJ Willis, Benjamin Wilson, James Wilson, Alan Wood, again except by unanimous consent. jr., Fernando Wood, Woodourn, Woodworth, and Yeates-172. Mr. EDEN. And I object. NAYs-Messrs. Ashe, Atkins, John H. Bagley, jr., Beebe, Blist~, Boone, Will· 1\Ir. CAULFIELD. I ask that the original proposition to which this iam P. Caldwell, Cate, Caulfield, John B. Clark, jr., of Missouri, Qochrane Collins, Cowan, Dibrell, Finley, Fornev, Franklin, Glover, Andrew H. Hamilton, Henry amendment is offered be also read. R. Harris, Henkle, Hooker, Thomas L. Jones, Lane, Luttrell, Lynde, Mackey, The SPEAKER. That is not before the House at this time. Meade, .Mills~_Money, Morrison, Mutchler, O'Brien, John F. Philips, Poppleton, Mr. CAULFIELD. I insist that the original resolution be read. Rice, Riddle, .ttoberts, Schumaker, Shea.kley, Slemons, William E. ::)mith, Sout.h· The SPEAKER. The gentleman cannot insist on the original ard, Sparks, Springer, Stone, Terry, Turney, John L. Vance, Robert B. Vance, Gilbert C. Walker, Walling, Whitthorne, Wigginton, and Jere N . Williams-55. ., resolution being read, for that is not at this time before the House, NOT VOTING-Messrs. Abbott, Anderson, George A. Bagley, Banning, Bass, as the pending question is on the amend1nen,t of the gentleman from Belford, Bland, Bradford, Cabell, John H. Caldwell, John B. Clarke of Kentucky, New York.. Clymer, Cook, Cox, Crapo, Darrall, De Bolt, Dobbins, Douglas, Durand, Eg\lert, 1877. CONGRESSIONAL"RECORD_:_HOUSE. 2053

Field, Fnller, Gibson, Robert Hamilton, .John T. Harris, Goldsmith W. Hewitt, Ha.ys, Goldsmith W. Hewitt, Holman, Hopkins, Hunton, Hurd, Knott, Franklin Holman, Hopkins, Humphreys, H1J?ton, Knott, Le~, Maish, Mc~ahon, !detcalfe, Landers, Lewis, Lynde, .Mackey, Maish, .McFarland, .Metcalfe, Milliken, O'Brien, Milliken, Odell, Payne, Phelps, Piper, Purman, Ramey, .John Reilly, Miles Ross, Odell, Payne, Phelps, Piper, Purman, Sheakley, A. Herr Smith, Stephens, Swann, Savage, Stanton, Stenger, Stephens, Swann, Teese, Thomaa, Thompson, Wait, Thomas, Thompson, Wait, Waldron, Walsh, Ward, Warner, Wheeler, Whitthorne, Waldron, Charles C. B. Walker, Walsh, Ward, Warner, Erastus Wells, Wheeler, and Young-57. Wilshire, and Young-63. So the Hoose refused to lay the resolution, as amended, on the table. So the motion to reconsider waa laid on the table. Doring the roll-call, Doring the call of the roll, Mr. PHELPS said: I am paired with the gentleman from New York, Mr. SAVAGE said: I am paired with Mr. WADDELL, of North Car­ Mr. ODELL. If he were here he would vote " ay," and I should vote olina, who if he were here would vote" no," while I would vote "ay." "no." The Clerk proceeded to read the list of names. The result of the ·vote was then announced as above recorded. Mr. CARR. I move that the reading of the names be dispensed Mr. MONEY. I move to reconsider the vote just taken. with. Mr. HALE, And I move to lay that motion on the table. Mr. CATE and others objected. Mr. WELLS, of Mississippi. I call for the yeas and na.:vs. The reading of the list was concluded and the result of the vote was :Mr. WALLING. That is right; let us have the yeas and nays. then announced as above recorded. The yeas and nays were ordered. The SPEAKER. The question is now on the original proposition The SPEAKER. The Clerk will call the rolL of the gentleman from Ohio [Mr. POPPLETOY] as amended by the Mr. CARR. I move to reconsider the vote by which the yeas and adoption of the substitute offered by the gentleman from New York, nays were ordered. [Mr. WooD.] The SPEAKER. It is the constitutional right of one-fifth of tlle Mr. POPPLETON. I call for the reading of the resolution as members present to have the yeas and nays. amended. The question was taken; and there were-yeas 170, nays 57, not The SPEAKER. The Chair will cause it to be read. voting 64; a.s follows: The Clerk read as follows: YEAS-Messrs. Adams, Ainsworth, Ashe, Bagby, Georue A. Bagle:y, .John H. Ordered, That the vote of Henry N. Sollace, claiming to be an elector from the Baker, William H. Baker, Ballou, Banks, Belford, Blair, Bradley, Bnght, .John Youna Brown, William R. Brown, Horatio C. Burchard, Samuel D. Burchard, Bur­ State of Vermont, be not counted. leigh,'nuttz, Campbell, Candler, Cannon, Cason, Caswell, Chittenden, Conger, Cra­ Mr. VANCE, of Ohio, and Mr. COX addressed the Chair. po, Crounse, Culberson, Cutler, Davy, De Bolt, Denison, Dobbins, Dunnell, Dur­ ham, Eames, Eden. Egbert, Ellis, Evans, Faulkner, Felton, Flye, Fort, Foster, Free­ Mr. VANCE, of Ohio. I move to lay upon the table the resolution man, Frye, Garfield, Gause, Goode, Goodin, Gunter, Hale, Hancock, Haralson, as amended. Hardenbergh, Benjamin W. Harris. Harrison, Hatcher, Hathorn, Haymond, Hen­ The SPEAKER. For what purpose does the gentleman from New dee, Henderson, AbramS. Hewitt, Hill, Hoar, Hoskins, Hubbell, Hunter, Hurlbut, Hyman, .renks, Frank .rones, .royce, Kasson, Kehr, Kimball, King, Lamar, George York rise! M. Landers, Lapham, Lawrence, Leavenworth, Le Moyna, Levy, Lord, Lynch, Mr. COX. I was about to offer the same motion as has just been .Mackey, Magoon, .MacDougaU, McC!'ll:'::Y, .McDill, McFarland, Monroe, .Morgan, made by my friend from Ohio, [Mr. VANCE.] Nash, Neal, New, Norton, Oliver, O'Neill, Packer, Page, Payne, William A. Phil­ Mr. POPPLETON. I have called for the reading of the resolution lips, Pierce, Plaisted, Platt, Potter, Powell, Pratt, Purman, Rainey, Rea., Reagan, presented by myself as amended by the adoption of the resolution of­ John Reilly, .Tames B. Reilly, .John Robbins, William M. Robbins, Robinson, Sobi­ eski Ross, Rusk, Sampson, Savage, Sayler, Scales, Seelye, Sin&leton, Sinnickson, fered by the gentleman from New York. Smalls, A. Herr Smith, Stenger, Stevenson, Stowell, Strait, Taroox, Tease, Thorn­ The SPEAKER. It has just been read. burgh, Throckmorton, Martin I. Townsend, Washington Townsend, Tucker, Tufts, Mr. POPPLETON. The amendment has been read, bot not the Van Vorhes, Charles C. B. Walker, .Alexander S. Willace, .John W. Wallace, War­ ren, Watterson, Erastus Wells, G. Wiley Wells,White,Whiting,Wike,Willard, An­ original resolution. drew Williams, .Alphens S. Williams, Charles G. Willia.ms, .Tames Williams, Will­ The SPEAKER. The original resolution has been amended by the iam B. Williams, ·willis, Wilshire, Benjamin .Wilson, .Tames Wilson, .A.la.n Wood, adoption of a substitute for it. · jr., Fernamlo Wood, Woodburn, Woodworth, and Yeates-170. Mr. CAULFIELD. The resolution of the gentleman fromNew York NAYS-Messrs. .John H. Bagley, ,jr., Banning, Blackburn, Bliss. Boone,William P. Caldwell, Carr, Cate, .John B. Clarke of Kentucky, .John B. Clark, jr., of Mis­ was offered as an amendment, not as a substitute. souri, Cochrane, Collins, Dibrell, Douglas, Finley, Forney, Fzanklin, Glover, An­ The SPEAKER. 0, well ; it is the same thing. drew H. Hamilton, Henry R. Harris, Hartzell, Henkle, Hooker, Hnmphreys, Thomas Cries of " Regular order ! " L. Jones, Lane, Luttrell, Maish, McMahon, Meade, Mills, Money, Morrison, .Mutch­ Mr. CAULFlELD. I move to lay the resolution, as amended, on the ler, O'Brien, John F. Philips, Poppleton, Rice, Riddle, Robert-s, Miles Ross, Sheak­ ley, William E. Smith~ Southard, Sparks, Springer, Stone, Turney, .John L. Vance, table. Robert B. Vance, WMdell, Gilbert C. Walker, Walling, Walsh, Whitthorne, Wig­ The SPEAKER. That motion has already been made by the gen­ ginton, and .Jere N. Williaii18-57. tleman from Ohio, [Mr. VANCE.] NOT VOTING-Messrs. Abbott, Anderson, Atkins, Bass, Beebe, Bell, Bland, :Mr. WELLS, of Mississippi. I call for the yeas and nays. Blounfi_t.Bra.dford, Buckner, Cabell, John H. Caldwell, Canlfield, Chapin, Clymer, Uook, uowan, Cox, Danford, Darrall, Davis, Durand, Field, Fnller, Gibson, Robert Mr. KASSON. I rise to a point of order. It is that when the Hamilton, .John T. Harris, Hartridge, Hays, Goldsmith W. Hewitt, Hoge, Holman, House has just adopted a proposition and a motion to reconsider has Hopkins, House, Hunton, Hurd, Kelley, Knott, Franklin Landers. Lewis, Lynde, been made and that motion to reconsider laid on the table, it is not Metcalfe, Miller, Milliken, Odell., Phelps, Piper, Schleicher, Schumaker, Slemons, then within the province of the Hoose to attack it by a motion to Stanton, Stephens, Swann, Terry, Thomas, Thompson, Wait, Waldron, Ward, War­ lay on the table. ner, Wheeler, Whitehouse, and Young-64. The SPEAKER. The Chair thinks the motion of the gentleman So the motion to reconsider was laid upon the table. from Ohio [Mr. VANCE] is a legitimate parliamentary motion. Doring the roll-call, Mr. COX. A motion to lay on the table is always in order; at every Mr. PHELPS said: I am paired upon this question with Mr. ODELL. stage. If he were here he would vote "-no" and I should vote "ay." The yeas and nays were ordered. The result of the vote was then announced as above recorded ; and The question was taken; and there were-yeas 53, nays 180, not the question recurred on the resolution offered by :Mr. POPPLETON, as voting 57 ; as follows : amended by the substitute of Mr. WooD, of New York. YEAS-Messrs. Atkins, .John H. Bagley-, jr., Beebe, Blackburn, Bliss, Boone, Mr. WALLING. Upon this question I ask to be excused from William P. Caldwell, Carr, Cat~ .John B. Clarke of Kentucky, .John B. Clark,jr., voting. of Missouri, Cochrane, Collins, uox, Dibrell, Douglas, Forney, Franklin, Glover, Mr. VANCE, of Ohio. I move that the request of my colleague be Andrew H. lr'amilton, Henry R. Harris, Henkle, Hooker, Humphreys, Thomas L. granted . .rones, Lane~,...Lnttrell~ McMahon, Meade, Mills, Morrison, Mut~hler, .rohnF. Philips, Poppleton, .tlice, ltiadle, Roberts, Miles Ross, Schumaker, William E. Smith, The SPEAKER. The Chair does not entertain the motion. Southard, Sparks, Stanton, Stone, Terry, Tnrney,.TohnL.Vance, Robert B. Vance, Mr. WALLING. Then I appeal most respectfully from that de­ Gilbert C. Walker, Walling, Wigginton, Wike, and.TereN. Williams-53. cision of the Chair. NAYS-Messrs. Adams, Ainsworth, Ashe, Bagby, George A. Bagley, .John R. Baker, William H. Baker, Ballou, Banks, Banning, Belford, Blair, Bland, Blount, The SPEAKER. The Chair does not entertain the appeal, and the Bradley. Bright, William R. Brown, Buckner, Eoratio C. Burchard, Samuel D. question, the Chair repeats, is upon the adoption of the original prop­ Burchard, Burleigh, Buttz, Campbell, Candler, Cannon, Cason, Caawell, Chittenden, osition as amended by the substitute of the gentleman from New Conger, Crapo, Crounse, Culberson, Cutler, Darrall, Davis, Davy, De Bolt, Denison, York, [Mr. WooD.] Dobbins, Dunnell, Durham, Eames, Eden, ElliB, Evans, Faulkner, Felton, Flye, Fort, Foster, Freeman, Frye, Garfield, Gause, Gibson, Goode, Gt>odin, Gunter, :Mr. WELLS, of :Mississippi. Upon that question I call for the yeas Hale, Hancock, Haralson, itai-denbergh, Benjamin W. Harris, Harrison, Hartzell, and nays. . Hatcher, Hathorn., Ha.YIIlond, Hendee, Henderson, Abram S. Hewitt, Hill, Hoar, The yeas and nays were ordered. Hoge, Hoskins, Honse, Hubbell, Hunter, Hurlbut, Ryman, .Jenks, Frank Jones, The question was taken; and there were-yeas 207, nays 26, not vot­ Joyce, Kasson, Kehr, Kelley, Kimball, King, Lamar, GeorgeM.Landers, Lapham, Lawrence, Leavenworth, Le Moyna, Levy, Lord, Lynch, Magoon, MacDougall, Mc­ ing 57 ; as follows : Crary, McDill, Miller, Money, Monroe, Mor1Z3n, Nash, Neal, New, Norton, Oliver, YEAS-Messrs.·.Ainsworth, Ashe, Atkins, Bagby, George A. Bagley, .John H. O'Neill, Packer, Page, William A. Phillips, Pierce, Plaisted, Platt, Potter, Powell, Bagley, jr., .John H. Baker, Ballou, Banks, Banning, Belfora, Bliss, Blount, Boone, Pratt, Rainey, Rea, Reagan, .John Reilly, .TamesB. Reilly,JohnRobbins, Willia.m Bradley, Bright, .John Young Brown, William R. Brown, Horatio C. Burchard, :M. Robbins, Robinson, Sobieski Ross, Rusk, Sampson, Savage, Sayler, Scales, Samuel D. Burchard, Burleigh, William P. Caldwell, Campbell, Candler, Cannon, Schleicher, Seelye, Singleton, Sinuickson, Slemous, Smalls, Springer, Stenger, CaiT, Cason, Cate, Caulfield, Chittenden, .John B. Clarke of Kentucky, .John B. Stevenson, Stowell, Strait~ Tarbox, Tease, Thornburgh, Throckmorton, Martin I. Clark, jr., of Missouri, Cochrane, Collins, Conger, Cowan, Cox, Crapo, Crounse, Cul­ Townsend, Washington Townsend, Tucker, Tufts, Van Vorhes. Waddell, Charles berson, Cutler, Darrall, Davis, DeBolt, Denison, Dibrell, Dobbins, Douglas, Dunnell, C. B. Walke1;' Alexander S. Wallace, .John W. Wallace, Warren, Watterson, Erastus Durham, E~mes, Eden, E_gbert, Ellis, Evans, Faulkner, Felton, Finley, Flye, For. Wells, G. Wiley1 Wells, Whita, Whitehouse, Whiting, Willard, Andrew Williams, ney, Franklin, Freeman, .!<'rye, Gause, Glover, Gunter, Hale, Andrew H. Hamilton, Alpbeus S. Williams, Uharles G. Williams, James Williams, William B. Williams, Hancock, Haralson, Hardenberg, Benjamin W. Harris, Henry R. Harris, .John T. Willis, Wilshire, Benjamin Wilson, .Tames Wilson, .Alan Wood, jr., Fernando Harris, Harrison, Hartzell, Hatcher, Hathorn, Haymond Abram S. Hewitt, Hill, Wood, Woodburn, Woodworth, and Yeates-180. Hoar, Hooker, Honse, Hubbell, Humphreys, Hunter, Hurlbut, .Jenks, Frank .Tones, NOT VOTING-MessTS. Abbott, Anderson, Bass, Bell, Bradford, .John Young Thomas L. Jones, Kasson, Kehr, KeUey, Kimball, Kin.,., George M. Landers, Lane, Brown,_ Cabell, .rohn H. Caldwell, Caulfield, Chapin, Clymer, Cook, Cowan,~..Danfor(f, Lawrence, Leavenworth, Levy, Lord, Lynch, Lynde, M'ackey,~sh, MacDougall, Dnrana, Egbert, Field, Finley, Fnller, Robert Hamilton, .John T. Harris, Jl.artridge, McCrary, McDill, McMahon, Meade, Miller, Mills, Money, Monroe, Morgan~Nash, 2054 CONGRESSIONAL RECORD-HOUSE. M.ARoH 1,

New, Norton, O'Brien, Oliver, Packer , Pacre, Payne,.JohnF. Philips,William A. Phil- Mr. STONE. I desire to state that Mr. DURH.AJ\:1, of Kentucky, and ' lips, Pierce, Plaiste~, Pop.Pleto~ , Potter,"Powell, ~ratt , ~n, Ra.ine:y, Rea, .John Mr. HARRIS, of Georgia, are absent on account of indisposition. R eilly .James B. Reilly, RlCe, Riddle, .John Robbms, William M. Robbms Roberts, llobinson, Miles Ross, Sobieski Ross, Rusk, Sava~ , Say l e ~,_ Scales, Schleicher, Mr. LANE. I ask that the reading of the names be dispensed with. Seelye, Sheaklev, Singleton, Sinnickson, Smalls, A. tterr Smiw, William E. Smith, Mr. LUTTRELL. I object. Southard. Sparks, Springer, Stanton, Stenger, Stone, Stowell, Swann, Tarbox, Teese, The Clerk read the names, after which the result of the vote was ~·erry, Thomas, Thornburgh, Throckmorton, Martin I. Townsend, Washington announced as above recorded. Townsend, Tucker, Tufts Turney, .John L. Vance, Robert B. Vance, Waduell, Charles C. B. Walker, Gilbert C. Walk er, Alexander S. Wallace, .John W. Wallace, l\Ir. WOOD, of New York. I suggest that the Senate be now noti­ Walling,Walsh,Watterson, ErastnsWells, G. Wiley Wells, Whitehonse, Whitthorne, fied that the House is ready to receive them; I make no motion to that Wi~gington, Wike, Willard, Andrew Williams, Alpheus S. Williams, .James Will· effect. iams, William B. Williams, Willis, Wilshire, Benjamin Wilson, .James Wilson, Alan Wood, jr., Fernando Wood, Woodburn, Woodworth, YeateS' and Young-207. Mr. O'BRIEN. I desire to snbmit an order notifying the Senate­ NAYS-Messrs. Adams, William H. Baker, Blackburn, Blair, Buttz, Caswell, l\Ir. PAGE. I object to any resolution or order. Danford, Davy, Fort, Hendee, Hoge, Hoskins, H yman, .Joyce, Lapham, LeMoyne, The SPEAKER. The Chair will state to the House that he has al­ Magoon, Neal, O'Neill, Sampson, Stevenson, Strait, Thompson, Warren, White, lowed a vote to be taken on every legitimate legislative motion. He and Whiting-26. NOT VOTIKG-Messrs. Abbott, Anderson, Bass, Beebe, Bell, Bland, Bradford, has allowed the motion to reconsider to be voted upon whenever it Buckner, Cabell, .John H. Caldwell, Chapin, Clymer, Cook, Durand,.Field, Foster, has been made, so that the Honse might have an opportunity to cor­ Fuller Garfield, Gibson, Goode, Goodin, Robert Hamilton, Hartridge, Hays, Hen· rect any error it might have committed. The Honse has had an op­ derson', Henkle, Goldsmith W. Hewitt, Holman, Hopkins, Hunton, Hurd, Knott, portunity to vote on the motion to lay on the table the propositions. Lamar Franklin Landers, Lewis, Luttrell, McFarland, Metcalfe, Millikin, Morri­ son Mutchler, Odell, Phelps, Piper, Platt, R eagan, Schumaker, Slemons, Steph· themselves, and on the motions to reconsider the vote upon those· ens: Van Vorbes, Wait, Waldron, Ward, Warner, Wheeler, Charles G. Williams, propositions. Now, when the Honse has advanced to a declaration of and .r ere N. Wi.llia.ms-57. its judgment on the objection to counting the vote from the State of So the resolution, ~s amended, was adopted. Vermont, it is brought to the following paragraph of the law, as its. During the roll-call the following proceedings took place: guide and its mandatory instructions: Mr. WAIT. I am paired upon this question with Mr. CALDWELL, When the two Houses have voted they shall immediately a.~in meet, and th& of Alabama; if he were here he would vote "ay," and I should vote Presiding Officer shall then announce the decision of the question submitted. "no." The Senate has notified the Honse of its action upon the objection. Mr. PHELPS. I am paired upon this question with Mr. ODELL; if to counting the.vote from Vermont. The House has now reached its he were here I suppose he would vote" no," and I should vote" ay." judgment upon the objection, and .as far as the Chair is concerned it Mr. MONEY. I move that the reading of the names be dispensed is his duty, by the terms of the act, mandatory and ministerial, to­ with. ELond cries of "Object!"] notify the Senate to that effect. Mr. WALLING. I rise to a question of order. The reporting of Mr. O'BRIEN. Therefore I have offered this order to carry out t~ this vote is a very important matter, a.s it is upon a very important law. . question. Cries of "Regular order!" and ''Object!" Mr. EDEN. I call the gentleman from Ohio to order; no debate is Mr. LANE. I insist upon the enforcement of the rule. in order while the Honse is dividing. The SPEAKER. The Chair is going to enforce the rule. Mr. W .ALLING. I insist that order be restored before the roll-call Mr. LANE. I insist that it shall be strictly enforced. [Laughter.]' proceeds. Mr. SPRINGER. I desire, before the Clerk notifies the Senate, t() The SPEAKER pro tempore, (Mr. COCHRANE.) The Chair sustains ask unanimous consent that the following be added to the notice to the point of order and respectfully suggests to gentlemen in the the Senate: Hall, and especially to those in the rear of the seats, that they pre­ That the President of the Senate bring with him and lay before the Senate and serve order. The officers of the House will see that gentlemen are House of Representatives the double return from the State of Vermont which was seated. offered in joint convention yesterday. The resnlt of the vote was then announced as above recorded. Many ME~rni<~RS. "I object." "I object." So the resolution, as amended, was adopted. The SPEAKER. Gentlemen need not object; the Chair, under the Mr. CLARK, of Missouri. I move to reconsider the vote by which law, has no right to recognize any such motion. the resolution, as amended, has been adopted. Mr. SPRINGER. We have a right, before we are again called into Mr. HALE. And I move to lay that motion on the table. joint convention, to pass upon all the obj~tions; we have not yet Mr. WELLS, of Mississippi On that motion I call for the yeas and done so. nays. The SPEAKER. Nothing is in order but to carry out the manda~ The yeas and nays were ordered. tory provision of the law. The question was taken; and there were-yeas 174, nays 59, not ~Ir. WALLING. I think I can make a suggestion that will be voting 57 ; as follows : satisfactory to all sides, that will be agreed to by the Honse unani­ YEAS-Messrs. Adams, Ainsworth, Bagby, Goorge A. Bagley, .John H. Baker, mously. William H. Baker, Ballou, Banks, Belford, Bell, Blair, Bland, Blount, Bradley, The SPEAKER. The Chair would be very happy, when he is Bright, .John Young Brown, William R. Brown, Horatio C. Burchard, Samuel D. allowed to recognize the gentleman, to have him make a proposition Burchard, Burleigh, Buttz, Campbell, Candler, Cannon, Cason, Caswell, Caulfield, Chittenden, Conger, Crapo, Crounse, Cutler, Danford, Davis, Davy, De Bolt, Deni· that will satisfy all sides; but the Chair is not now able to recog­ son, Dobbins, Dunnell, Eames, Eden, Egbert, Evans, Faulkn~r1 Felton, Flye, Fort, nize the gentleman for that purpose. Foster, Freeman, Frye, Garfield, Gause, Goodin, Gunter, J::UUe, Hancock, Haral­ ~Ir. W .ALLING. Would not the Chair recognize a proposition-­ son, Ha.rdenbergh, Ben,ia.min W. Harris, Harrison, Hatcher, Hathorn, Haymond, llendee, Henderson,llill, Hoar, Hoge, Hoskins, House, Hubbell, Bunter, Hurlbut, Mr. COX. By which the Speaker might count in Mr. Hayes with­ Hyman, .Jenks, Frank .Jones, .Joyce, Kasson, Kehr, K elley, Kimball, King, Lamar, out any further procrastination. George M. Landers, Lapham, Lawrence, Leavenwort h, Le Moyna, Levyt..!-ynch, ~Ir. WALLING. For unanimous consent that at a particular time Mackey, Magoon, MacDougall, McCrary, McDill, McF arland, Miller, .lllonroe, this evening, when a certain stage of the proceedings is reached, and Mor~an, Nash, Neal, New, Norton, O'Brien, Oliver, O'Nellh P acker, Page, Payne, 'Villiam A. Phillips, Pierce, Plaisted, Platt, Potter, Powell, rratt, Pnrman, Rainey when objections are made to the counting of the vote of any State, that Rea, .John R eilly, .James B. Reilly, .John Robbins, William M. Robbins, Sobieski1 a recess shall be taken as was a~eed to last night f Ross, Rusk, Sampson, Savage, Sayler, Scales, Seelye, Sinnickson, Smalls, A. Herr 'l'he SPEAKER. The Chair 18 of opinion that he cannot entertain Smith, William ~. Smith, Sten_ger, Stevenson, Stowell, Strait, Swann, Tarbox, any such motion. • Teese, Thomas, Thornburgh, Throckmorton, Martin I. Townsend, Washington Townsend, Tufts, Van Vorhes, Waldron, Charles C. B. W alker, Gilbert C. Walker, At ten o'clock and :fifty-five minutes p.m. the Doorkeeper an­ Alexander S. Wallace, .John W. Wallace, Warren, Watterson, Erastus Wells, G. nounced the Senate of the United States, who then entered the Hall, Wiley Wells, White, Whitehouse, Whitin~ Wike. Willard, Andrew Williams, AI· headed by their President pro tempore and aooompanied by their Ser­ p!teus S. Williams, Charles G. Williams, .James Williams, William B. Williams, geant-at-Arms and Doorkeeper. Willis, Benjamin Wilson, .James Wilson, .A..lan Wood, jr., Fernando Wood, Wood­ burn Woodworth, Yeates, and Young-174. The President of the Senate took the chair a-s presiding officer of NAYS-Messrs. Atkins, .John H. Bauley,jr., Banning, Blackburn, Bliss, Boone, the joint convention. William P. Caldwell, Carr, Cate, .John'B. Cfarke of K entucky, .John B. Clark, .jr., The PRESIDING OFFICER. The joint meeting of Congress re­ of .Missouri, Clymer, Cochrane, Collins, Cowan, Culberson, Dibrell, Douglas, Fin· sumes its session. The two Houses separately having determined the ley, Forney, Franklin, Glover, Andrew H. Hamilton, .John T. Harris, Rartzell, Henkle, Hooker, Humphreys Thomas L . .Jones, Lane, Luttrell, Lynde, McMahon, objection to the certificate from the State of Vermont, the Secretary Meade, Mills, Money, Mutchler, .John F. Philips, Poppleton, Rice, Riddle, Roberts, of the Senate will now read the resolution of the Senate. Miles R{)ss, Sheakley, Southard, Sparks, Springer, Stanton, Terry, Thompson, The Secretary of the Senate read as follows : Turney, .John L. Vance, Robert B. Vance, Waddell, Walling, Walsh, Whitthorne, Wigginton, and .Jere N. Williams--59. JUsolved, That the vote of Henry N. Sollace, as an elector for the State of Ver­ NOT VOTING-Messrs. Abbott, Anderson).. Ashe, Bass, Beebe, Bradford, Buck· mont, be counted, together with the other four electoral votes of that State, the objections to the contrary notwithstanding. ner, Cabell, .John H. Caldwell, Chapin, Cook, l.IOX, Darrall, Durand, Durham, ELlis, Field, Fuller, Gibson, Goode, Robert Hamilton, Henry R. Harris, Hartridge, Hays, The PRESIDING OFFICER. The Clerk ·of the House will now Abram S. Hewitt, Goldsmith W. Hewitt, Holm~lJ~~kins, Hunton, Hurd, Knott, Franklin Landers, Lewi», Lord, Maish, Metcalfe, · · -en, Morrison, Odell, Phelps, read the resolution of the Honse. Piper, Reagan, Robinson, Schleicher, Schumaker, Singleton, Slemons, Stephens, The Clerk of the Honse read as follows: Stone, Tucker, Wait, Ward, Warner, Wheeler, and Wilshire-57. Ordered, That the vote of Henry N. Sollace, claiming to be an elector from thQ. ·So the motion to reconsider was laid on the table. State of Vermont, be not counted. Dnr~ the call of the roll the following announcements were made: The PRESIDING OFFICER. The two Houses not having concur­ Mr. wAIT. I am paired with Mr. CALDWELL, of Alabama; if he red in an affirmative vote to reject one of the votes from the State of was here I should vote '' ay ;" I cannot say how he would vote. Vermont, the whole vote of that State will be counted. The tellers Mr. PHELPS. I am paired with Mr. ODELL, of New York; if he will announce the vote. was here he would vote " ay," and I would vote "no." Senator INGALLS, (oneofthetellers.) - The State of Vermont ca-sts 1877. CONGRESSIONAL RECORD-HOUSE. 2055

5 votes for Rutherford B. Hayes, of Ohio, as President, and 5 votes if the gentleman from Texas is to be pushed off the :floor by the gen­ for William A. Wheeler, of New York, as Vice-President. tleman from Ohio by a superior motion Y The PRESIDING OFFICER. Having opened the certificate re­ The SPEAKER. The gentleman from Texas has not been pushed ceived by messenger from the State of Virginia, the Chair hands the off the floor. The Chair has recognized the gentleman from Cali­ same to the tellers to be read in the presence and hearing of the two fornia, [Mr. LUTTRELL,] however, to make the motion that the House Houses. The corresponding one received by mail is also handed to take a recess until to-morrow mornin~ at ten o'clock. the tellers. Mr. MILLS. Will that interfere With my question of privilege f Mr. WOOD, of New York. Mr. President, I suggest that the result The SPEAKER. The Chair will recognize the gentleman from be announced without the full reading of the papers. Texas afterward. The Chair does not know yet what the motion of Mr. LANE and others objected. the gentleman from. Texas is. The PRESIDING OFFICER. Objection is made, and the certifi­ Mr. LUTTRELL. I make the motion in good faith that the House cate will be read in full. take a recess until ten o'clock to-morrow morning. We have been · The certificate having been read by Mr. CooK (one of the tellers) working hard all this day. and there being no objection thereto, the vote of Virginia was counted Mr. PAGE. I object. , -11 votes for Samuel J. Tilden, of New York, as President, and 11 Mr. TOWNSEND, of New York. We have had twelve hours and a votes for Thomas A. Hendricks, of Indian a., a-s Vice· President. half of good faith. [Laughter.] I The certificate from the State of West Virginia was next opened; 1\Ir. GARFIELD. I rise to a question of order. I make the point and having been read by Mr. SToNE, (one of the tellers,) and there that the motion to suspend the rules takes precedence. being no objections thereto, the vote of West Virg~a was counted- Mr: O'BRIEN. The motion to take a recess is of the highest order, 5 votes for Samuel J. Tilden, of New York, as President, and 5 votes and not debatable. for Thomas A. Hendricks, of Indiana, as Vice-President. 1\Ir. GARFIELD. The motion to suspend the' rules is of the high­ , The certificate from the State of Wisconsin was next opened ; and, est privilege. it having been read by Mr. ALLisoN, (one of the tellers,) The SPEAKER. The Chair entertains the motion of the gentle­ The PRESIDING OFFICE.R. Are there any objections to the cer­ man from California to take a recess until to-morrow morning at ten tificate from the State of Wisconsin f o'clock. Mr. LYNDE. I send to the Chair an objection. Mr. .MILLS. Do I understand the Chair that I have the :floor in The objection was read; as follows, by Mr. ADAMs, Clerk of the the.morning in preference to others f Bouse: The SPEAKER. That depends upon what proposition the gentle­ The undersigned, Senators a.nd Representatives, object to the counting of the man from Texas makes. vote of DanielL. Downs as an elector for the State of Wisconsin, upon the follow. Mr. MILLS. I ask my privileged motion be read now. in~ grounds, namely: The SPEAKER. The Chair is really bound to recognize the geu­ That the said Daruel L. Downs held the office of pension surgeon and of exam. ining surgeon for the Pension Office, by valid appointment under the la.ws of the tlem~n who has presented the objections, the gentleman from Wis­ United States, prior to the 7th da.y of November, 1876, the day of the presidential consin, [1.\Ir. LYNDE.] But the Chair desires to accommodate himself, election, and upon said day and upon the 6th day of December, 1876, a.t the time of as far as he is permitted to do so under the rules, to the wishes of his assuming to cast a vote as elector for the State of Wisconsin, and that he has continually lield said office from a long period prior to the said 7th day of November, each and every member of the House. The gentleman from Califor­ 1876, until the present time; and the undersigned therefore state that said Downs, nia moves the House take a recess until to-morrow morning at ten as :pension surgeon and as examining surgeon for the Pension Office as aforesaid, o'clock. held an office of trust and profit unaer the Unitefl States on the da.y of the :presi­ Mr. BLACKBURN. I rise to a parliamentary inquiry. Should dential election and on the day that he voted as a.n elector for the State of Wiscon­ sin, a.nd therefore could not be constitutionally a.ppointed an elector for the State the Chair put the question on the motion made by the gentleman of Wisconsin or vote as such under the Constitution of the United States. from California, that the Bouse take a recess until to-morrow morn­ Wherefore the undersigned aver that the said Downs was not duly appoined a.n ing at ten o'clock, and the House should agree to take a recess until elector for the said State, a.nd that his vote cannot be constitutionally counted. to-morrow morning at ten o'clock, where will the gentleman from And the undersigned hereto annex: the evidence of the facts above stated and to be taken as a part of their objections. Texas stand on his proposition t W. H. BARNUM, Connecticut ; The SPEAKER. When ten o'clock comes to-morrow morning the J. E. McDONALD, Indiana; Chair will have to decide that point. JAS. K. KELLY, Oregon; Mr. BLACKBURN. One more inquiry. Does the Chair rule that HENRY COOPER, Tennessee ; JOHN W. JOHNSTO::N, Virginia; a Illl>tion to take a recess sweeps from the floor the gentleman from Senators. Texas who ha-s been recognized on a privileged question f WM. P. LYNDE, Wisconsin; The SPEAKER. The Chair rules that a motion to take a recess J. F. PHILIPS, Missouri; under the existing law under which we are acting is equivalent on SAML. D. BURDHARD, ordinary occasions to a motion to adjourn. J. R. TUCKER, Vir_ginia; W.M. Y. SPRINGEE., Mr. MILLS. Can one gentleman take another off the floor to make A. V. RICE, Ohio; a motion to adjourn f JOHN L. VANCE, Ohio; The SPEAKER. Not now; for a. motion to adjourn could not be CASEY YOUNG, Tennessee; made, as the law under which we are acting does not allow anything H. D. MONEY, Bepresentativu. more than the taking of a. recess. Mr. MILLS. I have the :floor and the gentleman from California The PRESIDING OFFICER. Are there further objections to the cannot take it from me. certificate from the State of Wisconsin t If there be none the Senate .Mr. LUTTRELL. If the gentleman thinks I have taken the floor will now withdraw to its Chamber, that the Houses separately may from him, I will withdraw my motion for a. recess. I wish to take consider and determine the objection. · no unfair advantage. The Senate retired at eleven o'clock and twenty-five minutes p. m. 1\Ir. COX. I ask for the reading of the paper. The House was again called to order. The SPEAKER. The Chair desires to have the paper read. Mr. MILLS. I rise to a question of privilege. I submit the fol- The Clerk read as follows: lowing resolution-- Mr. HOGE aud others. I object. Whereas, on the 7th day of November, 1876, an election was held in the several States of the Union for electors of President and Vice-President for the term of Mr. O'BRIEN. · Wait till you hear it read. four years from the 4th day of March, 1877, at which election the maJority of said The SPEAKER. The Chair suggests that it may be read for infor­ electors favorable to the election of Samuel J. Tilden for President and Thomas mation. A. Hendricks for Vice-President were duly and constitutionally elected by the It qua.lifi.ed voters of the several States; Mr. RUSK. is too long. And whereas the returns of said election in the States of Loulsia.na. and 'Florida Mr. CONGER. I submit that the first regular business is the read­ were duly made to the officers in said States whose duty it wa.s under the laws of ing of the objections. I ask that they may be read. the same to aggregate the votes of the States aforesaid and certify the names of Mr. LUTTRELL. Would it be in order to move that the House electors so cl,losen by the qua.lifi.ed electors in accordance with law; And whereas said return officers willfully, corruptly, and fraudulently supp1'essed take a recess until ten o'clock to-morrow morning. If so, I make that the votes of those electors who were duly and legally elected, and falsely and motion. fraudulently certified the election of persons who were defeated at the ballot. box; The SPEAKER. That is in order. And whereas the governors of said States falsely and fraudulently gave certifi­ Mr. MILLS. I had the floor. cates of election of said persons who were defeated and refused them to those per­ sons who were elected • The SPEAKER. The gentleman from California [Mr. LUTTRELL] And whereas said f;Jse and fraudulent certificates were referred to a commis­ moves to take a recess till ten o'clock to-morrow morning. sion to investigate and report to Congress the true constitutional electoral votes in :Mr. :M:ILLS. I will yield for that purpose with the understanding said States ; 1 that I have the floor. And whereas said commission refused to investigate the question M to who were the true constitutional electors chosen by the qualified voters of said States; Mr. WOOD, of New York, and others. No understanding! And whereas it appears in the count of the electoral votes in the presence of the Mr. GARFIELD. I rise to a. privileged motion touching the busi­ Senate a.nd House of Representatives, on account of said frauds in supnressing the ness before us. I move to suspend the rules and adopt the following true votes and certifying the false ones, that Samuel J. Tilden, though having re. resolution-- ceived a maJori&of the electoral votes cast at the balloi-box in the several States, has not a maJori in said joint count of all electors appointed in accordance with Mr. COX. Regular order! the terms of the onstitution. , Mr. GARFIELD. A motion to suspend the rules is in order. And whereas Rutherford B. Hayes has not received a majority of the constitu­ Mr. ATKINS. I understood the Chair recognized the gentleman tional electors duly and legally appointed and the contingency provided for by the from Texas and it was understood by the enunciation of the Chair Constitution having happened when 1t becomes the duty of the Honse of Repre. sentatives to proOOed immediately to the election of a President of the Umted that the paper was to be read for information. Now I want to know States for the ensuing-four years: Therefore, 2056 CONGRESSIONAL RECORD-HOUSE... MARCH 1, JU~olved by tM House of Representatives, That said Honse will proceed hnmedi­ The SPEAKER. The Chair does not know that the galleries were ately, in obedience to the Constitution, to choose a P:resident from the persons ha':"­ guilty of any misbehavior; certainly not the ladies in the gallery. ing the highest number not exceeding three on the list of those voted for as Prest· Mr. SAVAGE. I insist that the gallery be cleared. That ~allery, dent. 1\-Ir. Speaker! [pointing to the gentlemen's gallery,] has three trmes to­ Mr. LYNDE rose. day insultea. the Honse by demonstrations of this kind. Mr. GARFIELD. I make a point of order on that resolution. Mr. CAULFIELD. I saw it with my own eyes. The SPEAKER. The gentleman from Wisconsin [Mr. LYNDE] is Mr. LANE. The galleries are quite as honest in making a show recognJzed. . for Hayes as we have been. Mr. LYNDE. I move that the House now take a recess until ten After an interval, durin§ which the Sergeant-at-Arms cleared the o'clock to-morrow. space outside the members seats of persons not entitled to the privi­ Mr. MILLS. The gentleman cannot by that motion take me from leges of the :floor, the floor. . Mr. CLARK, of Missouri, said: I desire to know, Mr. Speaker, wha,t Mr. GARFIELD. I make the point of order that the resolution of question is before the Honse. the gentleman from Texas is not pertinent to the objection to the vote Mr. CAULFIELD. I insist on my motion that that ga,llery be cleared of the State of Wisconsin. before we proceed to any other business. If it be necessary, I ask 1 The SPEAKER. The gentleman from Wisconsin [Mr. LTh"<])E] is that we take a. vote upon that proposition. entitled to be recognized by the Chair as the objector in the joint 1\-Ir. LANE. 0, do not make any invidious distinction as to the gal­ convention. . lery. 1 Mr. MILLS. Not while I am on the floor. Having obtamed the Mr. LUTTRELL. I hope the order will not be made to clear the floor on a question of privilege I am entitled to retain it. galleries. There would, no doubt, have been some jollification if we 1 The SPEAKER. The Chair desires first to hear from the gentle­ had succeeded. man from Wisconsin what he proposes in reference. to the objection Mr. MILLS. The people in the galleries have the same right. as we which he made in joint convention. And the Chatr would suggest have to stand up and see the death of the Republic. that the only way in which the resolution of the gentle~an from The SPEAKER. The rule of the House is as follows : Texas can be introduced is in the form of an amendment m the na­ In case of any disturbance or disorderly conduct ln the galleries or lobby, the ture of an objection. Speaker (or Chairman of the Committee of the Whole Honse) shall have power to Mr. GARFIELD. That is the point I was trying to make. The order the same to be cleared ; or the House may order it cleared. resolution is out of order except in that way. The Chair, in obedience to a part of that rule, directed the lobbies The SPEAKER. The gentleman from Wisconsin moves that the to be cleared, and will submit the question to the Housewhetherthe House take a recess till to-morrow at ten o'clock. galleries shall also be cleared. Mr. MILLS. I offer my resolution as an amendment to the objec- Mr. GOODE. I hope, Mr. Speaker, that the motion to clear the tion, and I desire a vote of the Honse upon it. . galleries will not prevail. There was more disorder on the floor than 1 The SPEAKER. The Chair is desirous of showing the gentleman there was in the galleries. [Loud cries of " That's right I"] from Texas the exact manner in which he can have a vote on his prop­ The SPEAKER. The Chair so stated, and is not willing, arbitrar­ osition. ily, to order the ga~eries to be cleared, as he might_do. The Chair Mr. COX. I rise to a parliamentary inquiry. If the gentleman submits the question to the House, " Shall the gallenes be cleared t" from Wisconsin who makes a motion for a recess succeeds in that Mr. SPRINGER. I hope not. I desire that some of the American motion will not the proposition of my friend from Texas be pending people shall witness this scene. when the Honse re-assembles in the morning! The question was taken upon clearing the galleries; and it was de­ The SPEAKER. The Chair would then be bmmd in good faith to cided in the negative. recognize the gentleman from Wisco:nsin to make a propositio!l in re­ Mr. CLYMER. I call for the regular order of business. gard to the action of the Honse in one way or another touching the 11Ir. LYNDE. I submit the resolution which I send to the Clerk's electoral vote and he will then recognize the gentleman from Texas. desk and ask that it be read. Mr. MILLS: To offer my resolution as an amendment. The Clerk read the resolution! as follows: The SPEAKER. Yes; if it be in the form of an objection. It is Resolved, That the vote of Daniel L. Downs, as an elector of the State of Wis­ not now in that form. . consin should not be counted, because he held an office of trust and profit under Mr. COX. Then I hope we will take a recess. the Utrlted States, and therefore was not constitutionally appointed an elector by Mr. CONGER. I hope the Chair will not decide in advance to re­ the said State of Wisconsin. ceive or not to receive the proposition of the gentleman from Texas. Mr. SPRINGER. I rise to a question of order; and it is that a mo­ The SPEAKER. The Chair would recognize the gentleman from tion for a recess was made previous to the introduction of this reso­ Texas to offer an amendment. The Chair desires to travel the exact lution. path he has pursued heretofore in respect to all these questions. In The SPEAKER. The gentleman from California [Mr. LUTrRELL] the first place, he recogn~es the gentleman who pr~se~ted the objec­ mane the motion and afterward withdrew it. tion in the joint conventiOn to make thensual motion m reference to Mr. LYNDE. I move that the House take a recess until to-morrow that · and then the Chair will recognize the gentleman from. T~xas to at ten o'clock a. m. offer'his proposition in the form of an amendment. When 1t 1s sub­ Mr. WELLS, of Mississippi, and Mr. SPRINGER called for the yeas mitted in that form, of course the Chair would then be prepared to and nays. rule upon it. The yeas and nays were ordered. Mr. McCRARY. I wish to reserve the question of order upon it. The-question was taken; and there were-yeas 99, nays 148, not The SPEAKER. The question of order is reserved by the gentle­ voting 43; as follows : ~ . man from Iowa. YEAS-Messrs. Ainsworth, Ashe, Atkins, John H. Bagley, jr. Bannin~, Beebe, Mr. SPRINGER. I call for the veas and nays on the motion that Blackburn, Bland, Bliss, Blount, Boone, Bright, William P. c;Jdwell, Campbell, the House take a recess. Carr, Cate, Caulfield, John B. Clarke of Kentucky, John B. Clark, j~., of Misso!!:ri, Several MEMBERS. Have a division :first. Clymer, Cochrane, Collins, Cowan, Cox, Culberson, De Bolt, Dibrell, Douglas, Eg. bert, Faulkner, Field, Finley, Forney, Franklin, Glover, Gunter, Andrew H. Ham. The question having been put, there was a division by sound. Be­ ilton, John T. Harris, Hartzell, Henkle, Abram S. Hewitt, Hooker, House, Hum. fore the result was declared, phreys, Hurd, Jenks, Thomas L. Jones, Franklin Landers, George M. Landers, Mr. WELLS, of Mississippi, said : I demand the yeas and nays. Lane, Luttrell, Lynde, Mackey, Maish, McFarland, McMahon, Meade, Mills, Mo. Mr. WALLING. I rise to a question of order. One-half of the ney, Morrison, Mntchler, O'Brien, Payne, John F. Philips, Poppleton, James B. Reilly, Rice, Riddle, William M. Robbins, Roberts, Miles Ross, Savage, Sayler, ''noes" come from the lobby around the seats of members, and not Scales, Sheakley, William E. Smith, Southard, Sparks, Springer, Stanton, Stenger, from the members of this House. Stone, Teese, Terry, Thompson, Tucker, Turney, John L. Vance, Robert B. Vance, The SPEAKER. The Chair will direct the Sergeant-at-Arms to Gilbert C. Walker, Walling, Walsh, Whitthorne, Wigginton, Wike, Jere N. Will: iams, Benjamin Wilson, Yeates, and Young-99. clear the lobby. NAYS-Messrs. Eames, Eden, Evans, Felton, Flye, Fort. :Foster, Freeman, Frye, MESSAGE FROM THE SENATE. Garfield, Gause, Goode, Goodin, Hale, Hancock, Haralson, Hardenbergh, Benjamin W. Harris, Harrison, Hatcher, Hathorn, Haymond, Hendee, Henderson, Hoar, Hoge, The Secretary of the Se~ate, Mr. GoRHAM, appe~ed at the bar and Holm~< Hoskins, Hubbell, Hunter, Hurlbut, Hyman, Joyce, Kasson, Kehr, Kelley, said: Mr. Speaker, I am duected by the Senate to mform the Honse Kim bau, King, Knott, Lamar, Lapham, Lawrence, Leavenworth, Levy, Lora, Lynch, Mao-oon, MacDougall, McUrary, McDill, Miller, Monroe, Morgan Nash, that the Senate has adopted a resolution that the vote of Daniel L. Neal, New,"'Norton, Oliver, O'Neill, Packer, Page, William A. Phillips, Pierce, Downs as an elector for the State of Wisconsin, be counted together Plaisted, Platt, Potter Powell, Raine_y Rea, John Re~y, John ~b~ins, Robinson, with the other nine electoral votes of that State, the objections made Sobieski Ros , Rusk, f:k:mpson, Schlrucher, Seelye, Smgleton, Smm.okson, Smalls, thereto to the contrary notwit4lstanding. [Loud applause.] A. Herr Smith, Stevenson, Stowell, Strait, Swann, Tarbox, Thomas, Thornburgh, Mr. further announced that he was directed notify the Throckmorton, Martin I. Townsend, Washin~n Townsend, Tufts, Van Vorhes, Gonu.w to Waldron, Charles C. B. Walker, AlexanderS.Wallace,John W. Walla~ Watter· Honse of Representatives that the Senate was now ready to proceed son, Erastus Wells, G. Wiley Wells, White Whitehouse, Whiting, Willa.rd., An­ with the count of the electoral vote for President and Vice-President. drew Williams .Alpheus S. Williams, Charles G. Williams, James Williams, Will­ iam B. Wi.llia~, Willis, Wilshire, James Wilson, A1a.n Wood, jr., Fernando COUNTING THE ELECTORAL VOTE. Wood, Woodburn, and Woodworth-148. . • NOT VOTING-Messrs. Abbott, Adams, Anderson, Bagby, George A. Ba_~rle>', 1\Ir. O'BRIEN. I ask that the galleries be cleared. John H. Baker, William H. Baker, Ballou, Banks, Bass, BelforO, Bell, Blrur, Bradford, Bradley, John Yonng Brown, William R. Brown, Buckner Horatio C. Mr. CAULFIELD. I hope the galleries will be cleared. Burchard, Samucl D. Burchard, Burleigh, Buttz, Cabell, John H. Caldwell, Cand­ The SPEAKER. The Sergeant-at-Arms will clear t.he lobby. ler Cannon, Cason, Caswell, Chapin, Uhittenden, Conger, Cook, Crapo, Crounse, Mr. CAULFIELD. I insist that the galleries be cleared. Cotler, Danford, Darrall, Davis, Davy, Denison, Dobbms, Donnell, Durand, Dnr·

I 1877. CONGRESSIONAL RECORD-HOUSE. 2057

ham, Ellis, Fuller, Gibson, Robert Hamilton, Henry R. Harris, Hartridge, Hays, Mr. HARRISON. And let the gentleman from Maryland [Mr. Goldsmith W. Hewitt, Hill, Hopkins, Hunton, Frank Jones, L6 Moyne, Lewis, O'BRIEN] be the small priest of the filibusters. [Laughter.] :Metcalfe, Milliken, Odell, Phelps, Piper, Pratt, Pnrman, Reagan, Schnmaker, Slemons, Stephens, Waddell,Wait, Ward, Warner, Warren, and Wheeler-43. Mr. BEEBE. I desire the ruling of the Chair on the question of order that I raised upon the proposition of the gentleman from New So the motion to take.a recess was not agreed to. York, [Mr. WooD.] During the roll-call the following announcements were made. The SPEAKER. The gentleman from New York has withdrawn Mr. SCALES. My colleague, Mr. DAVIB, has been compelled to his proposition, and the gentleman from Maine calls the previous leave the House on account of sickness. question on the proposition of the gentleman from Wisconsin, [Mr. Mr. ELLIS. Upon this question I am paired with Mr. WADDELL; LYNDE.] were he present he would vote " ay " and I should vote " no." Mr. SAVAGE. The law under which we are acting contains this Mr. JOHN REILLY. My colleague, Mr. HoPKINS, is absent on ac­ provision: count of sickness. That when the two Houses separate to decide upon an objection that may have Mr. WELLS, of Missouri. I desire to say that the ~entleman from been made to the counting of any electoral vote or votes from any State, or npon Texas, Mr. REAGAN, is absent on account of indisposition. objection to a. report of sru.d commission, or other question arising under this act, Mr. WAIT. Upon this question I am paired with Mr. CALDWELL, each Senator and Representative may speak to such objection or question ten min· utes, and not oftener than once; but after such debate shall have lasted two honrs, of Alabama; if he were here he would vote '' ay" and I should vote it shall be the duty of each Honse to put the main question withoutfnrtherdeba.te. "no." Mr. STONE. I desire to announce that Mr. DURHAM and Mr. HAR­ Now, I want to say that if the previous question is seconded it \vill RIS, of Georgia, are absent on account of indisposition. cut off any debate, any discussion of this matter at alL As each Sen­ The result of the vote was then announced as above recorded. ator and Representative by the terms of this law is entitled t-o speak Mr. KNOTT. I move to reconsider the vote by which the House for ten minutes, provided that two hours and no longer is occupied refused to take a recess. in debate, it is not in order to prevent anybody from exercising his The SPEAKER. It is not in order to move to reconsider the vote riuht under the law. on a motion to take a recess which is in the nature of adjournment, The SPEAKER. The Chair would not rule, if the previous ques­ and it is not in order to move to reconsider a. motion to adjourn. tion was ordered, that it could out oft' anybody who had any right Mr. WOOD, of New York. I desire to submit to the House a propo­ under the law. sition, and to ask its unanimous adoption. The object of it is to Mr. SPRINGER. Is it in order to put the main question until the enable the House to take a recess at this time and to conclude the two hours for debate have elapsed f discussion and all action upon the main question to-morrow at ten The SPEAKER. The Chair will state the quest!on to the House. o'clock. The gentleman from Wisconsin, Mr. LYNDE, submits a. proposition, Several MEMBERS objected. to which the gentleman from Texas, Mr. MILLs, submits an amend­ Mr. HALE. If objection is made to that proposition then I call ment in the nature of a substitute, and the gentleman from Wiscon­ the previous question upon the proposition of the gentleman from sin, Mr. CASWELL, submits a further proposition. That is, an orig­ Wisconsin, [Mr. LYNDE.] inal proposition and two amendments are before the House, which Mr. WOOD, of New York. I was induced to believe that this prop­ is all that is allowed under what is known as the parliamentary osition would meet the unanimous consent of our friends upon my left. "main question." The SPEAKER. Will the gentleman from New York state his The Clerk will now read the proposition of the gentleman from poposition again f Wisconsin, [Mr. CASWELL.] Mr. WOOD, of New York. I have it in writing and I will read it. Mr. BURCHARD, of illinois. Has the proposition of the gentle­ If objection is made to it, then I will move to suspend the rules and man from Texas [Mr. ~fiLLs] been ruled in order! adopt it. This is the proposition: The SPEAKER. The gentleman from Texas submits a proposition A motion for the previous question to be entertained on the order in the nature of a substitute. offered by Mr. LYNDE and the amendment of .Mr. MILLs, if offered in Mr. WOOD, of New York. What disposition has been made of my a shape to be in order. The House then to take a recess until Friday, motion to suspend the rules t March 2, until ten o'clock a. m., and the vote upon the main question The SPEAKER. The Chair understood the gentleman to withdraw to be taken at one o'clock p.m. to-morrow. it. Mr. MILLS. I desire to state to the gentleman from New York Mr. WOOD, of New York. No, sir; I withdraw nothing. [Mr. WOOD] and to this House that I have the assurance of the Mr. HOOKER. I raise the point of order, that the proposition of Speaker that my proposition shall be voted upon, and I do not want the gentleman from New York, [Mr. WooD,] involving as it does a any such left-handed proposition from the gentleman who has been motion for a recess until to-morrow morning at ten o'clock, is not now leading the republican party on this floor. I want a square vote on in order, such a motion having just been voted down by the House. my proposition. The SPEAKER. The Chair does not think that the proposition is Mr. BEEBE. I rise to a point of order. I desire to inquire of the in order. Chair if a motion for a recess is now in order, one motion for that Mr. WOOD, of New York. Then I ask that we shall proceed with purpose having just been voted down f the regular order. Mr. O'BRIEN. I desire to reject the proposition of the gentleman The SPEAKER. The Clerk will read the amendment of the gen­ from New York, because if this fraud is to be consummated let it be tleman from Wisconsin, [Mr. CASWELL.] consummated in the darkness of the night. The Clerk read as follows: · Mr. BEEBE. I would like a ruling of the Chair upon the point of .Resolved, That the vote of D. L. Downs be counted with the other votes of the order I have submitted. electors of the State of Wisconsin, the objections thereto notwithstanding. Mr. BLACKBURN. I desire to say in regard to the proposition sub­ Mr. RICE. I call for the reading of the substitute of the gentle- mitted by the gentleman from New York [Mr. WooD] that as one of man from Texas, [Mr. MILLS.] the members on this side of the House-- The SPEAKER. That has been read. The SPEAKER. The Chair would remind the gentleman that a Mr. RICE. I wish to have it read again. motion to suspend the rules is not debatable. Mr. GARFIELD. I object to its being read again. Mr. BLACKBURN. I do not desire to discuss it, but to call the Mr. HALE. Has the main question been ordered 7 attention of the House to the fact that Friday has been ushered in, The SPEAKER. The Chair thinks it is not necessary to have the Friday, "hangman's day," a fit day to witness the consummation of main question ordered. The only object would be to out off amend­ the villainy of this procedure. I have no objection to its consumma­ ments ; and the Chair will not entertain any further amendment. tion now. Mr. HALE. That assurance is of course sufficient ; but after one Mr. HALE. I call the previous question upon the proposition of of these amendments has been voted down I do not desire that there the gentleman from Wisconsin, [Mr. LYNDE.] shall be an opportunity for another amendment. The SPEAKER. The gentleman from New York moves to suspend The SPEAKER. The first question will be on the the proposition the rules. of the gentleman from Wisconsin, [Mr. CASWELL.] _ Mr. BEEBE. Is it in order to suspend the rules for the purpose of Mr. LYNDE. I call for the reading of the objections together with taking a recess now, one motion for a recess having just been voted the testimony upon which they are founded. down f The Clerk read as follows: Mr. SPRINGER. I rise to a question of order. It is that the mo­ The undersigned Senators and Representatives object to the counting of the tion of the gentleman from New York [Mr. WooD] is not in order vote of Daniel L. Downs as one elector for the State of Wisconsin npon the fol· except by unanimous consent. lowing IZI'Ounds. namely: . Mr. HOOKER. I will make the point that a motion to take are­ That the said Daniel L. Downs held the office of pension snrgeon and of exam­ i~g surgeon fo~ the Pension Office by valid a.ppomtment under the laws of the cess has been voted down and another motion of the same kind is not Umt~ States pnor t? the 7th day of November, 1876, the day of the presidential now in order. e~ection, ~d upon s~nd day and upon the 6th day of December, 1876, at the tune of Mr. SPRINGER. If gentlemen will consent that a recess shall be his assummg to caat a. vote as elector for the State of Wisconsin, and that he has continu~y held said offi~ from a long peri~ prior to the said 7th day of November, taken until to-morrow morning at ten o'clock I have no objection; 1876, nnill the present time; and the underSigned therefore state that said Downs, then we will take a recess reserving all our rights. a-s pension snrgeon and as examining surgeon for the Pension Office as aforesaid !vir. WOOD, of New York. If my proposition is not agreed to, held an office of trust and profit nnder the United States on the day of the presidentiaJ. election and on the day that he voted as an elector for the State of then I will insist that we shall proceed with the regular order. Wisconsin, and therefore could not be constitntionally ap-pointed an elector for the Mr. O'BRIEN. Let the gentleman from New York [Mr. WooD] be Sta-te of Wisconsin or vote a-s such under the Constitution of the United States. the high priest of the republican party. Wherefore the undersigned aver that the said Downs was not dnly appointed an 2058 CONGRESSIONAL REOORD-HOUSE. MARcH 1,

elector for the said State and that his vote cannot be constitutionally counted. And By Mr. BURCHARD : the undersigned hereto annex the evidence of the facts above stated, and to b6 Q. You did not suppose that you were ineligible as a presidential elector, and do taken as a part of their objection. / not suppose it now¥ W. H. BARNU:M:, Connecticut., .A.. No, sir ; that was not my understanding. J. E. McDONALD, Indiana, Q. And no one else supposed so, to your knowledge 9 J AS. K. KELLY, Oregon, A. No, sir; I understand that I was simply an employ6 of the Pension Office. HENRY COOPER, Tennessee, JOHN W. JOHNSTON, Vir¢nia, By the CIIAIRMAN: Senators. Q. When did you receive your 111ppointment 7 WM. P. LYNDE, Wisconsin, A. My recollection is that I received it in 1868. I cannot state positively. J. F. PHILIPS, Missouri, S.A.ML. D. BURCHARD, By Mr. BURCHARD: J. R. TUCKER, Virginia, Q. The examination biennally is of the same or nearly the same persons, is it WM. M. SPRINGER, nott A. V. RICE, Ohio, A. Of the same-persons exactly; all persons exce-pt those who are termed per­ JOHN L. V .A.NCE, Ohio, manently disabled have to be examined biennially, stmply to ascertain whether a CASEY YOUNG, Tennessee, continuation of the disabilities exists. H. D. MONEY, Bepresentativu. By Mr. SPARKS: Q. There is a list of persons whom you examine biennially I WASHINGTON, D. C., February 3, 1875. A. Yes, sir. DANIEL W. DOWNS sworn and examined. Q. And then there are original applicants constantly coming in for examination I A. Yes, sir. I I By Mr. SP ABK.8: Q. And you receive $2 per capita for each examination t Queation. Were you appointed elector in the State of Wisconsin in the last pres- A. Yes, sir. idential election I Q. Where is your appointment f Answer. I was. A. I am not positive whether I have it in my possession at home or not. I think Q. In what districtf I have. · A. In the third congressional district- Q. What other duties do you perform besides mere examination 7 Q. Didlou sit as a member of the electoral college I A. Not any, except that f make a report after I make the examination. I send A. Idi the certificate of each exantination directly to the Pension Office, excepting the Q.Andvotedf certificates of biemrlal examina.tion. These go to the pension agent and duplicate!~ A. And voted. . . to the Pension Office. Q. For whom were the electoral votes of W18consm cast I Q. Do you make any other report except those certificates f A. For Bl.yes and Wheeler. A. No· except that I make out an account monthly of the names of the persons i You were on the ticket and were elected I examined, and return them with the orders of examination in order to get my pay. Q. You draw your pay monthly on those vouchers I Q.' Jtd'you hold any office under the GOvernment of the United States at the A. Y-es, sir. time you were ap1;1ointed elector I Q. By whom were you sworn in as examining surgeon! A. I can only gtve my opinion on that point- I never understood myself as hold- A. I think I was not sworn in at all, but I would not state positively as it is a in~ an office. I held the position of examining surgeon for the Pension Office. good many years since. . Q. Didl.ou hold that position at the time you were elected I in~- If it is the rule to swear in examining surgeons, yo a. doubtless were sworn A.Idi. Q. Did you hold it at the time you acted and voted I A. Yes, sir. I suppose so. I have no recollection at all on the subject. I know .A.. I did. that I never received any commission beyond simply the appointment in writinll- Q. And hold it now I .A.. Yes, sir. DEPARTMENT OF THE bTERIOR, PENSIOY OFFICE, Q. How long have you held it 7 Wa8hington, D. 0., February B, 1877. A. My recollection is that I received the app~intment in 1863. DEAR SIR: Yours of t.he 6th instant, requesting a certificate of the appointment Q. And that has continued up to the present time 1 of Dr. Daniel W. Downs as pension surgeon at Richland Center, Richlauu County, A. It has continued up to the present time. Wisconsin, the time of his appointment, the amount of fees received by him in the Q. Have you your appointment with you ¥ years 1875 and 1876, and whether he has ever resigned, and whether he now holds A. I have not. and has held such position since his first appointment, was received on yesterday, Q. It was in writing I bnt owing to the illness of the medical referee, who has charge of the papers re­ A. Yes, sir. lating to the surgeons employed by the office, I could not sooner get at the infor· Q. By whom were you appointed! mation which you desire. A. By the Commissioner of Pensions. Doctor Daniel D. Downs, of Richland Center, Richland County, Wisconsin, was Q. Dtdzou derive any profit from the position t first employed by the Commissioner of Pell8ions to make examinations to be used A. I di . The com~nsation _is fixed by law.. In the first instance, whe1,1 I was in pension cases as_early as May, 1863, and, excepting for the period of his service first appointed, I recetved nothing from the Umted States Government. The law in the Army durin~ the late rebellion, cases have been occasionally sent to him for was then changed so that I received $1.50 for each examination, which was paid by examination all along down from that date. In 1875 he made twenty-three exam­ the applicant and was refunded to him on the first payment of his pension. The inations, and in 1876lte made thirty-five examinations, receiving for his services law has been since changed, so that now I _have a fee which is paid by the Govern­ $2 for each examination. So far as I a.m informed he bas never declined to make ment of the United States. examinations which have been requested; anu he is still employed to make exam­ Q. How much from eaeh applicant 7 inations in pension cases in his ne1ghborhood. The last order for a claimant to ap­ A. Two dollars from each person referred to me for examination and examined. pear before him to be examined was ma.da as late as the 3d instant. • Q. How many applicants do you examine a. year! The above statement does not include biennial examinations which he may have A The biennial examination would J?.robably amount to sixty persons. In the made in 1875, the number of which I camtot readily ascertain, as the certificates oth~ odd year, there would be some fifteen or twenty examinations in the course of such examinations are sent by the examining surgeon to the pension agent of a. year. who pays the pension. Q. How many examinations would that ~ke annually f I suppose you must be in error as to the name being Daniel W., as no other sur- A. Probably an average of forty. ref:L.a!£~! ~=!!~~Downs has been employed as herein stated than the Dan· By Mr. BURCHARD: Very respectfully, your obedient servant, Q. There is no salary connected with your position I J. A. BENTLEY, A. No, sir. Oommissioner of Pension~. Q. Nothing but a fee f . Hon. J. R. TUCKER, A. A fee in each case. House of Representatives. Q. At first it was paid by the applicant f A. Yes. Mr. MAGOON. Mr. Speaker, the constitutional provisions appli­ Q. When was the law changed I cable to the question before the House are these: "Each State shall A. I cannot tell you. appoint, in such manner as the Legislature thereof may direct," its Q. Are you now paid on a statement of account f A. Yes I render a monthly account and return the notice of reference with my number of electors. The electors shall meet in their respective States, accounts io the Pension Office. ballot for President and Vice-President1 si~ and certify a list of per­ Q Was there any question raised as to your eligibility M a presidential elector 7 sons by them voted for, and transmit sa1d list, sealed, to the President A. Not before the election; there was after the election. of the Senate, who "shall, in the presence of the Senate and Honse By Mr. LAWRENCB: of Representatives, open all the certificates, and the votes shan then Q. It never was mentioned before the election I be counted." A. Not that I know off Now this power and duty to count the votes is either on the one Q. How many examining surgeons are there in your county I A. None, besides myself: hand ministerial or on the other hand judicial to a degree possessed Q. How many in the congressional district I by a court in quo war-ranto. If it be simply ministerial, then, there A. I cannot answer; I know three or four. being but one return from Wisconsin and that return being regular By Mr. SPARKS: and authenticated according to law, and embodying ten electoral votes Q. You say that at ftrst the applicant paid the fee of f1.50 I for Hayes and Wheeler, must be counted. A. Yes, sir. But if this power to count be that of a court in quo warranto, then, Q. And that was refunded to the applicant by the Government I this day being March 2, that is to say only two days before the hour A. That was my understanding of it. Q. So that the Government paid itt . for inaugurating a new President, the power cannot be exercised be­ A. Yes. cause the official term and duty of the electors have expired, and no Q. When was the law changed that you got f2 for each examination f court will try title to an office where the term has expired and judg­ A. I cannot tell you the time ; my recollection is that it was about 1868 or 1870. ment of ouster cannot be pronounced. (Morris vs. Underwood, 19 Q. Since then the fee has been $2 for each examination, and has been paid by the Government I Georgia, 559.) Thus, in either case, the answer to the obj action is in A. Yes. law complete; and the objected vote must be counted. Q. At what period is that paid f But suppose it were otherwise, and not only that we could examine A. Monthly. I make out a monthly statement of the business done by me and de novo this objection that Downs was United States examining sur­ send it to t4e Pension Office, together with the orderf of reference. The Pension Of­ fice approves of the account and returns it, and 1t goes to the pension agent of geon, but that we could decide on the very right and even exclude the district, and he pays it. the vote1 then1 and on the merits, the objection has no legal foundation.

t ( 1877 . . CONGRESSIONAL RECOR:P-HOUSE. 2059

The constitutional provision is that- deuce; but I was firm in the belief that the sole power of counting No person holding an office o~ trust or profit under the United States shall be the electoral vote is in the two Houses of Congress, and being there, appointed an elector. it was not in the power of Congress to place it elsewhere, but that if Elector Downs, it is alleged, was United States examining surgeon, Congress possessed the power claimed, it was inexpedient for demo­ located at Richland Center, Wisconsin; but where is the evidence f crats to consent to deprive th~ Honse of the unquestioned power it It is not before this House; there is no report of any committee here; possessed under existing law to prevent the inauguration of any man no deposition or certified evidence known to the common law, or not in its judgment elected. even to the rnles of this House, showing such fact. Hence, as there More than a quarter of a century of public life amid the jars of is no legal evidence. submitted, no legal eviden~e before t~e House contending parties had made me distrustfnl of partisan leaders, and to sustain the objectiOn, the count must go on m conforiDlty to the therefore I could not trust such vital issues to a tribunal organized Constitution. as I believed in the interest of my opponents. However high in pu~­ l But even if there were before us competent evidence to prove that lic estimation the republican members might be, however great the1r legal lore and their personal integrity, I dreaded the force of their Downs was examining surgeon, then t~t is no ?ffi~e of trust ~r :pr:ofit under the United States, and Downs IB not Wlthm the prohibitiOn. party allegiance, but more than all I feared the influence and power:. ' On this subject it was decided by the supreme court of Pennsylv~r of a great party that was willing to accept as a means of its reten­ nia in Commonwealth vs. Binns, 17 Serg. and Rawle, 2'26-a case tion of power the most stupendous and gorgeous frauds the world has ever seen, the perpetrators of which had been complimented for powerfully argued ~nd considered-tha~ th~ stJ:ic.te.s~ possib~e con­ struction must be given to a law declarmg meligibility and mcom­ their ingenuity in villainy and pronounced by an honorable Senator patibility of offices; that nothina is within the prohibition unless the peers of the members of the United States Senate, and by another expressly named, an~. nothing. wYtatever is to be inclu~ed by co~­ that the republican party owed them a debt of gratitude, and who struction.- This deCisiOn, I beheve, states the elementary and um­ have been toasted and feasted by prominent republicans and their versallaw in this country. Applying, therefore, this rule to the crimes excused as though the whole country and General Sheridan have not long since pronounced them villains. question whet~er ~n exa~g surgeon appoin~ed by the Commis­ I sioner of PensiOns '1.8 a Umted States officer, holding an office of trust preferred keeping the power of this Honse where it could be ex­ or profit, the answer is plainly a negative. ercised by the democratic majority in the interest of justice. The Constitution provides that the President shall, with the advice Sir when the history of this period shall be written by some im­ and conBent of the Senate, appoint all officers of the United States whose parti~l Bancroft, it will appear that this commission was conceived ~t ppointments are not in the Constitution otherwise provided for, and by the astute and unrivaled lea.de_rs of the re~ublican party ~ ~ which shall be established by law; but that- means of wresting from a democratic House all Its power and pnvi­ lege that was an;y yalue to the country in the pre~eD;t con~st in Congress may by law vest the. appointment of such i~erior officers, as they think proper, in the President a.lone, m the courts of law, or m the heads of Department. counting and deciding the electoral vote, and lodge Jt m a tribunal created for the purpose of perpetuating the power of the republican It is not claimed that the Commissioner of Pensions is the head of party by counting all the disputed States to Hayes and Wheeler, to a Department; for, on the contrary, he is himself a subordinate offi­ put that question beyond d.oubt orperadvt;~n~ure; and therefore.these cer to the Secretary of the Interior, who alone is.the head of his De­ worthies set about preaching and procla1mmg· the absolute farmess pa.rtment. And, inasmuch as United States examining suraeons are of the great men, bright and shining lights in their party, who wonld appointed by the Commissioner of Pensions, who is not the~ead of a go on the commission, until democrats, I say it in sorrow and as­ Department! nor an appoint~g a~thority constitutionally. authorized tonishment, were captivated, made to believe that the day of jubi­ to appoint either o~cers or infenor office~ under ~he U~ted States, lee was at hand in which it would be demonstrated that three it is plain that the mtendment of the law 1s to appomt neither an offi­ republicans would be found in the whole party who by rea:Son of eer nor an inferior officer in designating the appointment of such sur­ being members of the Supreme Court could be trusted to decide be­ geons; and that such surgeon is not regarded as holding ·any office of tween the people and the thieves who were trying to steal the vote t rust or profit under the United States. Accordingly, in 1 Curti~, of a State in a case where the theft was not denied. United States Circuit Court Reports, page 15, a decision by Judge B. Hear what tne patriarch EDMUNDS said in his efforts to commend R. Curtis holds that the continued payment of pensions under the his scheme to democratic Senators: "No more partisan ; no more orders of the Secretary of the Navy does not constitute the person friend; no more enemy; no more opponent, but the solemn judgment paying them an officer of the United States. And in Baker's case, ( 4 of the judge." Of course he had reference to the judicial element Court of Claims Reports, 27,) held, that persons in the employ of the only, for I will not do him the injustice to ~uppose he had reference Government who receive for their services not a salary but what­ to the republicans who were afterward to be chosen from that party, ever they may be worth, are not officers. And so, i~ 17 Serg. and first, because .he could not have known who they would be, and, sec­ Rawle, 559, it was decided that the designating of a person to pub­ ondly, if he had known who they were he certainly knew that some blish the laws and treaties of the United States did not thereby create of them co-uld not rise above party. au office of trust or profit under the Constitution. So that an examin­ And poor, pain-racked TlroR?tiAN, in the honesty and simplicity of in O' surgeon, not being either an officer or inferior officer of the Unitetl his heart, was so overcome by EDMUNDS'S declamation and apparent S t~tes and not holding an office of trust or profit, as these terms have sincerity that he declared he was so impressed with their fairness been judicially construed, the prohibition does not apply and the that he would joyfnlly submit the whole question to the committee electoral vote of Mr. Downs must be counted. reporting the bill. But how sadly has the poor, dear old man and This is alone a complete and conclusive answer to the objection, thousands of other people all over the country, who were led to be­ besides that other equally conclnsi ve answer to the objection, namely, lieve that when the time for action came the members would rise that Downs, in any consideration, was an elector de facto; that he above party, been duped and deceived. was elected by the people of Wisconsin to his great trust; that he While EDMUNDS was cramming his blindfold justice down the gaping was determined and certifi6d to have been so elected by the board of mouths of his hearers here, he was quieting the fears of his expect­ State canvassers of Wisconsin, all of whom are democrats; that in ant friends in Vermont with assurances that his bill wonld.place the good faith, believing he was an e~ector, Mr. Downs met and vote.d republican party on its feet again, take from the democratic Honse with the electoral college, unquestioned and unopposed, and that his its power in counting and determining the electoral vote, and lodge vote as at worst an elector de facto stands valid; and, therefore, that, it in the republican party. Here is his letter, dated January 27, in in accordance with the Constitution which we have sworn to support, which he says: that vote of elector Downs should now be counted by the President WASHINGTON, D. C., Jan'Ui11f'y 21, 1877. of the Senate in the presence of the Senate and House of Represent~r DEAR Sm: I have yours. Some misapprehension seems to exist as to the history tives. and present state of the law and practice, the opening and dispoaingoftheelectoral Mr. CATE. Mr. Speaker, any words at my command are impotent votes. In order correctly to judge of the propriety of the bill now_Penc?-ng on the to express the profound regret I experience for the position in which subjoot, it is necessary to kn~w 'Yhat ha.s ta~en place hith~rto. It 18 this: we find the country to-day. With the broadest and most liberal priv­ First. Down to I817 no obJootion t.> or dispute concernmg the vote of a State arose. During that time the President of the Senate opened the certificates of ileO'eS of the elective franchise guaranteed to all its citizens without votes, and they were tabulated by tellers appointed by each House and handed up distinction of race or color, after an election participated in by more to the President of the Senate, who declared the result of the tabulation, and then, than eight millions of men, involving issues of the ~ravest moment, und.er the order of the Senate, sometimes he certified that he had opened the cer· and well calculated to produce excitement and irntate the public tificates and counted the votes, and the result was that 80 and 80 had been elooted, or that there had been no election. . mind, to the honor and glory of the people be it said that through­ Second. When the first doubt or dispute arose, in 1817, in respect to the. vote of out this broad land on the day of election not one circumstance occur­ Indiana, the two Houses, as of right, determined what should be done, Without a red to disturb its peace and order; not one circumstance calcula.ted hint even from auy one that the Pr~sident oi th~ Senate had any deciding_pow~. to prevent an expression of the free and unbiased judgment of the Third. When the next doubt or dispute arose, m 1821, as to the vote of Mlasoun, the two Houses did the same thing, without any suggestion of power in the Presi­ voter. Not one. And yet, sir, by some means the will of the people dent of the Senate. thus freely and fairly expressed has been defeated, and it is made to Fourth. When the next matter of dispute arose, in 1837, as to the vote of Michl· appear that a person actually in a minority of more than a quarter of a gan, the same course was pursued. Fifth. When the question arose, in 1837, as to the vote of the ineligible electors, th~ million of votes has been elected and is about to be installed as Pres­ committees on the subject reported that the substantial question was whether the ident of the United States. electoral colleges in the several States should decide, or whether Congress should, 1\!r. Speaker, I did not give the so-called electoral bill my support, and that this sllould be provided for by a permanent provision; there was not the and I regretted that so many of my friends about me diff~red with suJrgestion from any source that the President of the Senate could determine any- I me in opinion, but know they acted from the purest of motives, and th~th. When, in 1857, a question arose as to the vote of Wisconsin, the same thing no man deplores more than I do the gross betrayal of their confi.- happened.- The two Houses discussed it, and almost every speaker, if not every 2060 CONGRESSIONAL RECORD-HOUSE. MARCH 1, one, and the President of the Senate himself, declared that he had no deciding mission in mockery of justice as the midnight assassin goes to his power. On that subject Mr. Collamer, of Vermont, said that, a question arising, work of blood, compass the election of Hayes at all events. I "the Chair should have immediately stated the condition of things and the two to Houses should have separated to make provision in relation to the manner of set­ speak of no mere private or social relations, but of their public acts tling it," and that it "should have been provided for by law long ago." And there and reputations. wa~ scarcely an exception to the opinion that the two Houses must decide. These men did not go to their seats in the high commission to de­ Seventh. 1865 the two Houses passed a joint resolution determining in advance the q_uestions touching the electoral votes of some of the States, and President Lin­ liver judgment as law ancljustice might demand, but as the paid at­ coln m a message on the subject declared that he bad no power over it, even as a torney to remember that the republican party was in danger, and to part of the law-making power, and that the two Houses bad the sole power. avert which they did, as it was expected they would do if necessary, Eighth. On the same occasion in 1865 the two Houses of Conp;ress, being almost trample under their feet the best established principles of law and entirely republican, adopted the twenty-second joint rule, providing that votes objected to should not be counted without the consent of both Houses. set at defiance the plainest principles of justice, ignoring the settled Ninth. In 1869, under the same joint rule, the two Houses decided all disputes. usages of the two Houses and establishing in their stead the su­ ) Tenth. In 1873, under the same joint rule, the two Houses again decided every premacy of falsehood. question raised. . Eleventh. So far there never was a question of dispute or doubt that the Presi­ Truth forever on the scaffold, dent of the Senate decided or claimed the right to decide, and in every case the And wrong forever on the throne, count proceeded upon the idea that no vote could be counted without the consent of both Houses. was never more clearly shown than in the decisions of this tribunal. Twelfth. In 1876, when the Honse of Representatives had become democratic, By its unfailing majority vote it subordinates every consideration to through the action of some republicans now suppo ed to be misleading their party, that of party and rurlely thrusts aside the well-considered precedents tbe twenty-second joint rulii fell. Had it stood, the election of the democratic can· didate would be morally certain. of years. Mr. Speaker, the people expected some sort of justice at I Thirteenth. In the same year, and in March last, the republican Senate passed a the hands of this tribunal, some examination of the great questions bill (afterward suspended on a motion to reconsider, made by a democrat), with only that have agitated the country so long; whether fraud exists, and if three republican votes against it-CO:NKLING, EDMUNDS, and HowE-giving each so, whether it will override the expressed will of the people; but in Houaethepower to reject any vote when there should be double returns, the effect of which would be to plaoo the absolute decision of the present di!!pute in the power its decisions the commission has abandoned the broad gauge of jus­ of the Hense of Representatives, and to make the democratic case certain of suc­ tice and right and decided every case upon a narrow, miserable tech­ cess. nicality. The utmost technical construction has been utilized to sus­ Fourteenth. The present bill, ihen saves the republican cauae from the prede· tain the party, such as would be hooted from a court of law. termined destruction of its hopes and fortunes being left solely in the hands of its opponents. The mandate of the Constitution, that persons holding an office of Fifteenth. Is there much ground, then, to condenm the action of the Senators trust or profit under the United States shall be ineligible to the of­ who have striven to get the republican cause, as well as the cause of free govern· fice of elector is mainly pronounced directory, of no force if people ment nuder law~ out of the valley of tha shadow of death, and put them on ground choose to disregard it. To make the absurdity appear the more promi­ where they can nave a fair and equal contest, in whatever way it may terminate 7 Very truly yours, nent, suppose a member of Congress not within the required age or a GEO. F. EDMUNDS. President who would not be at the time of his inauguration thirty­ Hon. DANIEL RoBERTS, Burlington, Vermont. five years of age to be elected, is the country obliged to take him, Expressing in all the thirteen propositions advanced in the letter and what provisions of the Constitution are mandatory if these are that the sole and only object he had in yjew was to save the republican merely directory f party from its opponents, with not one word of its justice. But to show the untamed partisanship that controls the action of 1 Read the honeyed words of Mr. Commissioner HoAR, breathing the the republican officials in this matter, it is only necessary to refer to purest and most exalted patriotism: the action of the presiding officer of the two Houses refusing to re­ But it is charged that this commission is in the end to be made up of seven men ceive the certificate of an electoral vote because it did not reach him who of course will decide for one party and seven men who of course will decide by mail and by the day fixed by law. The object and substance of for the other, and who must call in an umpire by lot, and that therefore you are in the law is that the vote shall be in the hands of the proper officer substance and effect putting the decision of this whole matter on chance. If this be in time to be presented at the counting of the votes, but the mode true, never was a fact so humiliating to the R epublic expressed since it was inau­ and the manner are not so important that the grand object of the law gurated. Of the members of our National Assembly, wisest an~ best selected for the gravest judicial duty ever imposed upon man, under the constraint of this sol­ be accomplished. emn oath can there be found in all this Sodom not ten, not one, to obey any other Sir, does any man in his senses believe that if the republican vote mandate but that of party I had been thus detained it would have been rejected f Like the pro­ * .,. * * * • * 1 But I es~ially repudiate this imputation when it rests upon those members of visions of the Constitution these gentlemen would pronounce it direct­ the comilllSsion who are to come from the Supreme Court. It is true there is a ory only. Is the election of a President to be made dependent upon possibility of bias arising from old political opinions even there, and this, however anything as to the mode and manner of transmitting the vote T And minute, the bill seeks to place in exact equilibrium. :But this small inclination, if is anybody's right to be jeopardized because of a mistake as to the any, will in my judgment be overweighted a hundred-fold by the bias pressing them to pres11rve the dignity, honor, and weight of their.jndicial office before their time or manner in which the votes reach the proper officer f If so, countrymen and before posterity. They will not consent by a party division to it will be a valuable acquisition to the present ability of J. Madison have ihemselves or their court ~o down in history as incapable of the judicial Wells to control the election of President. function in the presence of the disturbing elements of partisan desire for power Sir, I am one of those who believe that Government must rest upon in regard to the greatest cause ever brought into judgment. the consent of the governed or it must exist by the strong hand of Never, sir, was a scheme so skillfully and successfully managed. power, and just in proportion as the former is interrupted or circum­ It will constitute an epoch in political strategy. While cursing the scribed, just in that proportion will the government of force usurp moral turpitude that could conceive such a wrong, we can but ad­ power and place. There can be no compromise between force and mire the consummate skill and judgment that was able to carry it la.w. The fraud and infamy of which we now complain are there­ forward to a successful termination. sult of such a compromise. Its consequences to the future of our Acting under an oath or obligation which EDl\roNDS thinks so im­ country are not difficult to foresee. It offers to crime emolument and portant and with these words still ringing in our ears, this man [Mr. power instead of prison bars. It offers to the thief of the suffrages of HoAR] has contributed his mite in every instance by a strict party the people the friendly recognition und companionship of men high vote to enable himself and the grand commission to go down in his­ in social and political life. tory as "incapable of rising above party in the greatest cause ever Democrats about me have indulged in the most withering invec­ brought into judgment." tives against the action of the commission, and yet feel it to be their 1 So I repeat the law was conceived for the express purpose of plac­ duty to sustain and by their votes indorse its action. I asked Mr. ing the power of deciding the electoral vote of the disputed States HEwrrr, of New York, if he believed it to be the duty of demo­ in the republican party, and all this gushing about the absolute fair­ crats to assist in the speedy consummation of what he had pronounced ness of the commission and the inclination of its members to rise an outra.ge. Let me remind gentlemen that that same question is above the truculent, subservient partisans was but hollow mockery, being asked by hundreds and thousands of people throughout the intended to deceive men too honorable to believe their opponent ca­ country. If the counting in of Hayes by the methods adopted be a pable of dishonorable action. fraud and an infamy, it must appear to tho average mind that all 1 Sir, the law has been executed in bad faith by the republicans from who assist in the count are a party to the infamy. That is the com­ the beginning; instead of selecting men noted for intelligence and mon sense, pra.otical view of it. moderation and love of justice, and in whose judgments in a political The superlatively eloquent gentleman who sits near me [Mr. JoH...~ controversy the people would have confidence, confidence that the YoUNG BROWN, of Kentucky] exceeds all others in his fierce denuncia­ judgment, whatever it mi~ht be, reflected their free and unbiased tion of the action of the commission, as he did all others in commend­ opinions at least as approximating the truth, men were selected in ing the bill to the favorable consideration of the House, and says: whose ability to decide impartially nobody in either party has a "These incorruptible sages on the commission had acted the part of particle of confidence; men whose blind sn bserviency to party would 'banded jockeys,' and have done in the face of the world that which permit them to resort to any means or measures that promised suc­ hungry mountebanks would scorn." Yet he sustains the :findings and cess and whose extreme views are dista~teful and disgusting to the jud~ments of this band of jockeys and sees a"moral grandeur" in better class of their own party. givmg his action and efficient co-operation to the early consumma­ While proclaiming with well-assumed sincerity the desire to make tion of acts which "hungry mountebanks would scorn." this a. fair and just commission, as free as possible :qom partisan bias, Strange consistency, it seems to me. If it is what they claim for in the secret caucus men are selected for the high position solely be­ it, clearly there is no moral or legal oblig-ation to sustain it. If it cause of their intense partisanship and nncompromisin~ hostility and has acted within the scope and object of 1ts organization you should hatred of the democratic party, and who in their political lives have not denounce it. Ceasedenouncingitand its judgments as infamous demonstrated their belief that anything was justifiable that should or cease yielding it your cordial support. perpetuate republican power. And these men did go upon the com- _The democrats of this House should present a solid front, a wall of 1877. CONGRESSlON.AtTRECORD-HOUSE. . 2061 fire, in opposition to any indorsement of the judgments of this com­ obligations of a high public trust and their abandonment altogether. mission, npon the principle that it were far better to remand this Will yon have the manliness, in the presence of threats, whether of issue to the people. than that any man should be inducted into the personal violence or of civil war, to stand unmoved by the Constitu­ sacred seat of Washmgton by fraud. tion of your fathers and declare him whom the people of the United A MEMBER. Mr. Speaker, is it in order to allow the Louisiana re­ States have said shall be their President and leave to them to say turning board to print some remarks on this subject f [Laughter.] whether they will be cowed and awed into submission by Executive Mr. MILLS. They are boarding at present in this Capitol at the frowns; whether they will crouch like slaves in the presence of his public expense. [Laughter.] minions and yield their Government to a willful, wanton, and wicked The SPEAKER. The gentleman from Texas is entitled to the usurpation. Have you got the Saxon manhood to do it f Have yon :door aud will proceed. the blood of the English Commons in your veins f Do you remem­ Mr. MILLS Mr. Speaker, I desire to address to the House some ber the history of your ancestors, bow they resisted every encroach­ reasons in support of the proposition which I have submitted. I hold ment upon their liberties, how they confronted the usurper in coun­ it to be the duty of this House to proceed to the election of a Presi­ cil and on the field, and is it not humiliating now to see the repre­ dent in obedience to the twelfth amendment of the Constitution. sentatives of the American people cowering in the dust in the pres­ We all have taken a solemn obligation to support that Constitution, ence of a usurper f and to support it without purpose of evasion and without retaining Will the representatives of four and a half millions of able-bodied one jot or tittle of mental reservation. This sacred charter of our men-men who know their rights and knowing dare maintain-refuse fathers requires the votes of the electors chosen by them to be opened them an opportunity to decide for themselves whether they will sur­ in the presence of the ambassadors of all the States and the represen­ render their right to govern this country into the hands of infamous tatives of all the commons and counted and declared by the highest returning boards, the natural offspring of an infamous administra­ titled officer of the Government in that solemn and august presence. tion, or whether they have the courage to keep and maintain them. It enjoins upon us, if in that joint convention of the two Houses, upon The people dare maintain them, but their representatives will not the count being had, no candidate shall have a majority of aU the give them an opportunity to do it. Do not underestimate the strength electors appoii1;ted, to proceed iinmediately to choose a President from of the people and yield their castle to the summons of the invader. among those voted for by the eJectors. Do your own duty and cast the responsibility from your shoulders to There are three hundred and sixty-nine electors appointed by the the shoulders of him whom the people have charged with the duty people of the thirty-eight States·. Upon the count in the joint assem­ of guarding and supporting their constitutional lib~rties. When bly it requires one hundred and eighty-five to elect. Has either Mr. yon shall have done this then your responsibility ceases and his be­ Tilden or Mr. Hayes received that number of votes f I do not mean gins. Take the advice of the lion-hearted old Roman, Jerre. Black, frauds, I mean what the Constitution means, votes of electors chosen and try to do your oton duty and cea.se to vex your souls about the by the qualified voters in the several States. I do not mean counter­ unwillingness of the people to do theirs. feits, I mean the real money of the mint. I mean real votes, not shams. Elect Mr. Tilden, or rather re-elect him, when more than a quarter I mean the votes of the sovereign people, not the votes of sovereign of a million majority of voters have elected, and more than a million returning boards, either State or national. I am speaking to democrats in whose veins runs Saxon blood; and let him call upon the people now and not republicans. Ha-s Mr. Hayes received a majority of the of the United States, yet free, thank God, as I believe he will do, and votes of the constitutional electors of the States f If he has, yon have they will very soon decide whether or not they dare to be free ; and done him gross injustice and stultified yourselves by your action if necessary to maintain that right they will "clothe their beauteous throughout the whole session. You asserted at the beginning of this limbs in steel"-the J>auoply of freemen-and make usurpers know session, and have maintained to this present hour, that he has not. that they are the sovereigns in this land, and sovereigns who have You have appointed committees and sent them over the country to no subjects. Can you do it f Some one near me says, "Dare you take testimony to sustain that assertion before the tribunal of the do it f" Is it possible that we witness the spectacle of a usurper American conscience. Your committees have reported to the House placed in the chair of Washington, governing a country given to us that the electors chosen by the people of Louisiana and Florida were by the brave men who won it, who plucked it from the hand of the refused certificates of election and fraudulent certificates were given oppressor, who dared to look a tyrant in· the face, who defied arbi­ to persons who were not elected. You appealed from the State re­ trary power, whose valor won, whose blood watered, and whose pa­ turning boards to a national returning board, who, you have charged triotism consecrated it to freedom f Do they now look down from repeatedly upon this :door, perpetrated the same frauds, and denied heaven and behold their sons standing about the graves where heroic the right of the people's electors in those two States, and affirmed ashes sleep and cowering before the frowns of a petty despot who the frau& certified by the State returning boards. Am I right f If commands at his bidding 25,000 vassals f I am, you can choose upon which horn of the dilemma you will hang. This, sir, is the pitiful condition of the American people to-day. For upon one or the other you are certainly iinpaled. We are here to-day in " bated breath and whispering humbleness," If Mr. Hayes has not a majority of the votes of the real electors, it in the hall of our sires, witnessing the most gigantic crime ever com­ is your duty, your sworn duty to proceed iinmediately to elect a Pres­ mitted in this country. 'Ve are standing by the rack upon which the ident. If Mr. Hayes ha.s a majority of the votes of the real electors, Republic is stretched and witnessing the stabs of the parricide, and you have been guilty of the effort to usurp the Government your­ dare not stretch our arms to save or deal one manly blow in vindica­ selves by claiining for Louisiana and Florida false and fraudulent tion of our liberties. votes. This yon know every democrat in this House will indignantly [Here the hammer fell.] deny. What, then, is the result f l\Ir. Hayes has 173 votes. 1\Ir. Til­ Mr. CASWELL. I have no wish to discuss the general question den has 184 votes. The twelve votes of Louisiana and Florida have involved in this controversy. I desire to confine myself strictly to been stolen by dishonest returning boards. Falsehoods and not votes the question that is now before the Hoose and point out to such gen­ have been sent by their governors toWashington. The real electoral tlemen aa will do me the hanoi to listen the exact situation of this votes of those States have been suppressed and do not appear in the man Downs. They object to the counting of his vote because he is joint count, though they were duly and constitutionally appointed in a pension surgeon. He is designated by the Commissioner of Pen­ terms of the Constitution. Then do you not see that in the joint count sions to make such examination as may be referred to him in special there were present only 357 of the 369 electoral votes appointed by the cases. He baa no tenure of office. He has no salary. He is respon­ States! sible to no power, but he has siinply to discharge those special duties Do yon not see that Mr. Tilden lacks 1 vote of having a majority when referred to him by the Commissioner of Pensions. and Mr. Hayes lacks 12 f Do you not know that your adversaries There are two reasons, then, why his vote should be counted. One yonder recognized that fact immediately after the election, and have is that he is not an officer within the prohibition of the Constitution; been resorting to everything, fair and foul, to steal, either by open and the other is that, although he be disqualified, his acts as an elector robbery or by the meaner and baser methods of frauds, falsehoods, and de facto, he having been elected and commissioned, and having en­ bribery, 12 sham votes to make the majority required by lawT Do tered upon the duties of his office and caat his vote without objection, you not know that in this consummation so dear to their hearts they are binding upon the people; and there is no way by which you can have had the aid of the bayonet in the hands of a Chief Magistrate test his eligibility except by a writ of quo 'Warranto. who bas trodden with his heel upon the Constitution of your conn­ Now, Mr. Speaker, we turn to the Constitution of the United States. try f Ay, sir, who bas, through the organ of his administration pub­ In paragraph 2, section 2 of article 2, speaking of the powers of the lished in this city, threatened to come with his janizaries and tear President, it says he- from his seat the presiding officer of this House and incarcerate in Shall appoint ambassadors, other public ministers and consuls, judges of the Su· Fortress Monroe its refractory members f They have been striving preme Court, and all other officers of the United States, whose appomtments are with all their might to obtain a majority by adding the false to the not herein otherwise provided for, and which shall be established by law; bnt the true. Congress may by law vest the appointment of such inferior officers, a.s they think These are the grounds we have maintamed throughout and still proper, in the President alone, in the courts of law, or in the heads of Departments. maintain. We have held and still hold that Mr. Tilden received 196 The Commissioner of Pensions appoints this surgeon. He is not the true constitutional electoral votes, but that 12 of them were stolen President, nor a court, nor the head of a Department; he is simply by the corrupt minions of a corrupt Administration. These charges the Commissioner of Pensions, and it is not within his power to create we have thrown in the faces of the representatives of the Adminis­ an office, it is not within his power to appoint an officer, because all tration throughout this session. Who denies itt No one. officers are appojnted either by the President, by the courts, or by These facts being established, what is your duty t The Constitu­ the heads ofDepartments. And the Commissioner of Pensions is not tion which you have sworn to support prescribes it. It leaves yon the head of a. Department. And this pension surgeon is no more than no discretion save only the choice between a faithful discharge of the a clerk, no more than an employe of the Pension Buret\U, And he is 2062 CONGRESSIONAL REOORD-HOUSE. MARCH 1,

no more an officer than the clerks that sit at the desk in the Pension confided to our keeping, that we are now indebted for the pitiable Bureau. and humiliating spectacle that the American Republic offers to the Now, sir, with reference to the second point, let me say that it iB a world. well-settled doctrine in every State of this Union that an officer en­ The responsibility is ours. Let the people understand that; let us tering upon the duties of any official position in the full discharge of shoulder it and bear "it as best we may. Mr. Speaker, when the time the duties of an office makes his acts binding upon all the people. shall come for those who have brought this disaster upon us to ac­ AJJ.y other doctrine would overturn haif of the official acts in this count to that power that stands behind ns, and from which we may Government. Why, sir, we, as members of Congress, sit here and pass not hope to escape, I trust that the manliness that has been lack­ laws, and afterward on an investigation it is determined that we ing here will be manifested there; that we may go back and tell the were not elected; yet the law we assist in enacting is binding upon people that the trust confided to our keeping has been abandoned or all the people. So with any other P.erson performing official acts. surrendered; that we acquit them clear, and hold ourselves alone [Here the hammer fell.] responsible. I know, further, sir, that when the passions and prej­ Mr. BURCHARD of Illinois. I intend to devote a moment or two udices engendered by this contest shall have pa.ssed and sober jud~­ to the discussion of the only question before the House: whether ment shall have resumed its sway the honest, conscientious, patriotic the vote of the elector Downs shall be counted. The work to be comrades who sit about me, who pursued that course which rendered performed in the joint meeting as to counting the votes has been this result possible to the country, who refused to raise a hand t.o practically concluded as soon as this House decides that the vote of thwart this crowning degradation. will feel that they have no excuse Wisconsin is to be counted or rejected. The points of the objection to offer, only pardon to a-sk. have been argued, and it is scarcely necessary for me to refer to con­ It has been in our power at any moment to prevent the execution stitutional authorities in support of the arguments that have been of this foul sentence and we would not. It is of this alone that I made in favor of the eligibility of the elector Downs. The duty that complain. But those gentlemen who sit on the other side of the he was to perform was imposed by section 4777 of the Revised Stat- Chamber will have no defense, no palliation, no excuse to offer for • ntes, which authorizes the Commissioner of Pensions to appoint what they have done. I cannot but believe that each and every civil surgeons to make examinations and authorizes them to receive a member on that side of the Honse who has played the part of con­ fee of $'2. There are decisions of the courts that decide under this spirator, who has been actively instrumental in chiseling and swind­ act that pension agents under former laws appointed by the Secre­ ling the American people out of the.ir own fairest and most clearly tary of War are not officers. demonstrated rights does in his own heart put up that cry which I have here a decision in 33 Mississippi Reports, where the court comes from the agonized soul- decided that nn(ler laws of the United States a pension agent ap­ Can hell itself, with all its powers to damn, pointed by the Secretary of War under the law at that time- Add yet one curse to the vile thing I am 7 Is not in a legal sense an officer of the Government of the United States. sir, the keenest pang that this disaster brings-I speak for my own This decision was'given in the case of Lindleyvs. The Attorney-Gen­ side now-the keenest pang that this is to inflict upon us will be eral, and that portion of the decision to which I refer may be found found in the reflection that the blow comes, not from the hands of at page 529. That was a stronger case than this which is now before our enemies, but that it comes from the hands of our own honest. the Honse. conscientious, but misguidedfriends. [Cries of "True!': "True!"] Then, again, I call attention to the fact that he is not required to So the strnck eagle, stretched upon the plain, give a bond; that be is not required by the law to take an oath. No more througfi rolling clouds to soar again, There is no feature about this case of an officer of the United States. Views his own feather on the fatal dart He is not appointed by the President or by the head of a Depart­ That winged the shaft that quivered in his heart. ment. It is ourselves, not they alone, who did this work; and yet this les­ Again, by another decision in 20 California Reports it is decided sens not one whit of the weight of the damning load of responsibility that an appointment which haa not received the approval of the head that settles upon them. If we have failed to meet our obligations, of a Department does not create an office. however honestly we may have striven; if we shall have proven This was not by law such an appointment. There are other cases recreant, unworthy, or unfitted for the trust, I turn with hope, not in other States to which objection might have been made with much without faith, to the people that stand behind us, believing, or if not more force. I have here a certified copy of the commission of one of believing yet hoping and praying, in the utterance of as patriotic a the electors voted for in Virginia, (Mr. _Holladay,) whose place was sentiment as it is possible for mortal man to cherish, that they, smart­ substituted, as was this case of the Pennsylvania elector, an identi­ ing under the disaster that has overtaken them, realizing the shame, cally similar case. The evidence wa-s before our committee, and dishonor, wrong, and outra'ge that has been put upon them, will rise believing that the law of Virginia authorizes the office of elector in their majesty and might, not only to rebuke and spurn but to to be filled, and it having been :filled, we thought that the elector punish, ay, if need be in blood, the perpetration of all the villainy waa entitled t.o vote. There was a similar case of ineligibility in and sconndrelism o.f this proceeding. [Applause on the floor and in Tennessee, where the elector Moore, who had taken an oath to sup­ the gallery.] port the Constitution and was an acting midshipman in the serv­ [Here the hammer fell.] ice of the rebellion, was elected as an elector. He was disqualified Mr. MAcDOUGALL. Why does not some gentleman on that side by the fourteenth amendment; but no objection was made to him. of the House aak that the ga.Ileries be cleared f But I pass by these ca-ses, and say that there is, under the law, no in­ Mr. WILLIAMS, of Wisconsin. I do not desire to retort in the eligibility on the part of the elector Downs, and that the objection spirit indulged in by the gentleman who has just taken his seat, [Mr. ought not to be sustained. BLACKBURN.] But if I did I might remind him and this House that Mr. BLACKBURN. Mr. Speaker, the end has come. There is no this is not only Friday but hangman's day; and that there could be longer a margin for argument, and manhood spurns the plea of mercy, no more :fitting time than just past the hour of midnight and yet there is a fitness in the hour that should not pass unheeded. To-day is Friday. Upon that day the Saviour of the world suffered When churchyards yawn, and Hell itself breathes out crucifixion between two thieves. On this Friday constitutional gov­ Contagion to this world, emment, justice, honesty, fair dealing, manhood, and decency suffer that this bogus, pretentious, bastard brat of political reform, which crucifixion amid a number of thieves. [Applause on the floor and in for the last twelve months has affronted the.eyes of gods and men the galleries.] . should be strangled to death, gibbeted higher than Haman. [Great It was on that day that this presidential fraud received its nomi­ applause on the floor and in the galleries.] . nation at the hands of the republican party. It was upon that day The SPEAKER pro tempore, (Mr. COCHRANE.) The Chair desires to aa it recurred that every determination reached by the blistered, say to the galleries that if there is any further applause in them be perjured miscreants that constitute the majority of that commissiqn will order that the galleries be cleared~ AJJ.d there must be no further have been promulgated to the country. It is on that day that you applause on the floor. Gentlemen are requested to keep order. propose to consummate your iniquity and foist into a place of power 1\ir. WILLIAMS, of Wisconsin. I trust, sir, this does not come out him whom the people of the land have spurned, scorned, and rejected of my time. at the polls. If it must be, it is well that it should occur here and The SPEAKER pro temp()Te. The officers of the Honse will see that now; but it is well also that before the day is finished the truth should persons not entitled to the privileges of the floor are not allowed to be vindicated and the record should ~how upon whom the responsi­ be upon the floor. bilities fairly rest. Those responsibilities do not rest upon the shoul­ Jrlr. WILLIAMS, of Wisconsin. I had risen intending to say that ders of the American people. They finished their work manfully and this contest. one of the most memorable in the history of the nation, faithfully. When the sun went down upon the 7th of November which has engaged the attention of Congress and of the country they delivered to their representative a title to that office indefeasi­ for the last three months, is nearing its end. It chances to fall to ble and and indisputable, backed by a majority of 260,000 votes. By the lot of Wisconsin to close the column of republican States which their leaders that title has been. gambled off, gambled away with a announces the election of Rutherford B. Hayes as Pre ident of the stocked deck and loaded dice. It is upon us, the representatives of United States, and installs a republican administration in power for the people, that the responsibilities for this disgrace are fairly cast. four years to come. I say it not in anger, but in sorrow. I impugn the patriotism of no man The record of the contest is made up. Parties and individuals hu.ve who voted for that bill, but I say it in sober earnestness, and the fixed their status; we cannot change it now if we would. There bas verdict of history will support the assertion, that it is owing to our been excitement; there has been passion; there have been crimina­ own wa:ot of sagooity, want of nerve, want of devotion to the trust tiona and recriminations. Hot and bitter and blistering words have

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1877. CONGRESSIONAII RECORD-HOUSE. 2063

been uttered, these will vanish and pass away. But as individuals I ask my fellow-members upon the republican side what cause for and parties there stands the record of our acts; this will not pass rejoicing they have when they contemplate the picture which I pre­ away; our children and our children's children will read it, and as it sented to their view J When, through what I consider the misfor­ is graven on the pages of the proceedings of these two Houses, so must tune, if not the weakness, of men placed in position by the demo­ it go for final rejection or approval to the supreme tribunal of the cratic party, the country was reduced to such a situation that the American people and the enlightened judgment of mankind. whole American nation shuddered at the dread of civil war-in that It is not my purpose in this the closing hour of the debate, with the emergency the democratic party in perfect good faith, in honor, and pressure of the public business crowding upon us, demanding attention, to preserve the fair naJile of the Republic offered to the republican side to attempt to re-state the reasons and the grounds of our proceedings, what was believed to be a compromise of their opinions-a measure which have been stated and restated, reiterated and re-argued by the providing for the selection of an honest tribunal to declare the result ablest legal minds of this or of any age,. until they have become as of the presidential election. familiar here as household words. I ask my fellow-members whether the democratic party did not Neither is it my purpose to dwell upon the points urged in objec­ carry out their part of the agreement in good faith t I ask whether tion to this elector from Wisconsin. Two conditions must meet and in the democratic column of Representatives and Senators we could harmonize in order to render the objection tenable: First, the office have placed the high trusts left to that commission in purer hands must be established by law, and second, under the Constitution the than those of the five who were selected by us; and I ask them incumbent must have been appointed by the President of the United whether the blush of shame does not tinge their cheeks when they States, by a court of law, or by the head of a Department. Mr. Downs, realize that they selected among their five commissioners at least this pension surgeon, was appointed by the Commissioner of Pen­ two who were unworthy-deemed so by all honest men to represent sions, the head of a bureau ; not by the President, not by a court of them, unworthy because of .their character as shown by the records law1 not by the head of any Department. He is therefore not dis­ of the two Houses-men recognized as politically dishonest, and de­ qualified from casting the electoral vQte of Wisconsin. That vote liberately selected because of their known partisanship and astute­ will be counted. ness in political warfare Y This contest will be decided and ended, business will spring into Not only that; but I say to my republican friends that from the new life, enterprise will take heart and courage, l:1bor will find em­ moment that commission was organized, by jobbery, political trick­ ployment, capital will be unlocked, the wheels of commerce will re­ ery, and every possible legal device, it has by its partisan majority volve again, and this country will go forward once more in the grand denied to the American people a. rightful and just decision of the career of its national destiny. questions submitted to it. Did the time permit, I should be glad to say a word to gentlemen While the democratic Representatives on this side of the Honse on the other side of the Chamber. They need fear no unseemly ex­ have been struggling for the last three days to prevent the consumma­ nltation at our success. There is full and ample guarantee for that, tion of this fraud by constitutional and strictly legal means, we have for never have men sat with greater patience under greater provo­ been unfortunately beset by a. desertion from our own side, which I cation than has been exhibited here during the last ten days. deplore. By united action we could have defended the country suc­ We seek only liberty, justice, and equality for all. And when in cessfnlly, notwithstanding the conspiracy to inaugurate the fraudu­ the hour of supreme trial, when the country stood on the crumbling lent usurper whose success is obtained by a defiance of every princi­ verge of anarchy and was hourly in danger of being plunged into all ple of honor and justice. We may have contended in vain to prevent the horrors of civil war and. when a few stanch democrats, men the crowning infamy which will forever stain our country's fair name, who regarded their honor and in their reverence for law stepped to but we have no apology to make for what we have done. We are the front and saved this nation from a common calamity, how our willing to refer this question to the American people, and let them hearts went out to you gentlemenof the North and gentlemen of the determine whether the seventy-five men, more or less, who have stood South in full and hearty gratitude; but when we are told that you here battling in favor of right, in favor of justice, in favor of· law, in recoil from a coalition with the incoming administration as from" a favor of free institutions, have truly represented the people who sent wound of cruel dishonor," how can mutual sympathy thrive! There them here to maintain their rights and to preserve inviola.te the Con­ may have been irregularities in South Carolina and other States in stitution of our country. the disordered condition of things then'~. [Laughter on the demo­ [Here the hammer fell.] cratic side.] But let me tell you, gentlemen, while you laugh we Mr. LAWRENCE. Mr. Speaker, the single question before the shrink from no investigation of recent atrocities there under the House is whether the vote of the elector Downs should be counted blazing light of truth, and I tell you further, that where in 1860 there from the St.ate of Wisconsin. wa-s scarcely a eommon-school house in that State, to-day there are The objection taken to this vote is that this elector was ineligible twenty-five hu.ndred school-houses there, there are three thousand on the ground that he was an examining surgeon for invalid pen­ teachers, and nearly a quarter of a million of pupils being educated, sions. I think it has been sufficiently shown, Mr. Speaker, that and half a million of dollars annually spent for common schools, when the position he occupied is not an office, and therefore the objection formerly there were less than sixty thousand. is not well taken. It certainly has been shown by the gentleman The seed is planted; the tree has stuck its roots deep into southern from Illinois, [Mr. BURcHARD,] with the authorities which he read soil, and you cannot eradicate it if you would. Stand by your own and from the nature of the duties to be performed by an examining States ; improve and beautify them. 'Ve do not seek to dominate surgeon, that this elector did not within the meaning of the Consti­ over you. Give us a public opinion which shall say to this country tution hold any office, and therefore, as I have already remarked, the and to the world that all your people, of every race, color, and con­ objection is not well taken. He is no more an officer than would be dition, in South Carolina., in Louisiana-in all the South-shall be pro­ a lawyer who, for pay, manages a case for the Government of the tected, and which shall forbid now and forever that the poor and hum­ United States; no more an officer than would be a contra-ctor who ble laborer who tills your soil, cultivates your cotton, your corn, your erects a building for the Government of the United States under a • rice, your sugar; who obeys the la.ws and creates the wealth which contract ; no more an officer than is the skilled mechanic who shoes pays your taxes and enables you to live in elegance and ease; assure us the Army horses for the Government and receives his pay for that ; that after his hard day's work is done and he. retires to his humble cabin or, as my friend here states, he is no more an officer of the Gov­ for rest he shall not be surrounded by scores of masked men at mid­ ernment than is a juror who sits in a national court in the trial of a night, men of the " superior race," torn from his terrified wife and cause. children, hitched to the pommel of a. saddle, and the life dragged out But it wonld make no difference if he were an officer of the Gov­ of him over the roots and stones of the ground. Pledge us that and ernment. It is perfectly well settled in all the books, and there is no that all the citizens of the Republic may come and go unchallenged case decided by any court in this country to the contrary, that the for political opinions, and we promise you in return that you shall be acts of an officer defacro are as to the public and third persons pel·­ free from all intermeddling from us. Gentlemen, you say we are fectly valid and lawful. There are constitutional and statutory pro­ brothers. In Heaven's name let us be friends I visions which declare certain classes of persons ineligible to certain [Here the hammer fell.] offices ; but the la.w is well settled that if such ineligible persons be Mr. O'BRIEN. Mr. Speaker, when I contemplate the proceedings nevertheless elected to office and enter on the duties thereof they be­ of the last few days, while appreciatinO' personally my friends on the come officers de facto, and their acts are entirely legal and valid. I other side, yet when I consider their political conduct I am compelled never have met a lawyer of any reputation or learning who disputed to say, not in anger but in sorrow, "Shame, where is thy blush!" this proposition, and I will assume that it is settled law. The elect­ Mr. Speaker, down in one' of the cells of this Capitol there is now oral vote of the elector Downs is therefore, in any event, legal and imprisoned four men solemnly condemned by the judgment of the valid and should be counted. . House of Representatives for the greatest crime that was ever per­ Mr. Speaker, we ought not to make bad precedents here, for un­ petrated in the history of the American Republic; and to be just I fortm1ately they may return to plague the inventors. If we establish must say that there is not a crime however infamous of which those a bad precedent now it may hereafter be turned against those who prisoners have been adjudged guilty that every member of the re­ make it. There is a possibility that the democratic party may come publican party upon the other side of the House and in the other into power some twelve, sixteen, or twenty years hence. [Great wing of the Capitol seems willing to share, ay, and must share, laughter.] the gnilt. You are willing to-day to exult, to rejoice, ay to taunt Several MEMBERS. 0, heavens! do not put it off so long ! the democratic side of this Honse, because you have been successful Mr. LAWRENCE. When they come here some twenty years hence, in robbing over four millions of American freemen of the right which as it is possible they may do, claiming to have elected a. President, they obt.ained by the solemn decision upon the 7th of last November they may find ·themselves embarrassed and harassed by the prece­ to inaugurate their chosen President. dent they are endeavoring now to establish. [Laughter.) 2064 CONGRESSIONAL RECORD-HOUSE. MARon 1,

A MEMBER. They will never come in as long as Wells lives to run acted upon by a portion of the people. I trust the experiment may a returning board. [Laughter.] never again be repeated. It is high time we should cease to take Mr. LAWRENCE. I do not think there is any possibility they can such advice as that, and that we should take the advice of men who come into power very soon. believe that this is a Republic; that it is clothed with the power to I can say now, Mr. Speaker, to the other side .of the House, that maintain its existence; that it is a nation; that its people belong to President Hayes will give to this country an administration so pure, one common country and that they are determined that this Repnblio so just, so wise, so acceptable to the people of the country, accom­ shall live through all time. panied with so many reforms, that the republican party will be in­ Mr. POPPLETON. I move that the time of the gentleman from stalled in power more firmly at the end of his four years' term than Ohio be extended. [Laughter.] they ever have been before. This is the firm conviction which rests The SPEAKERpt·o tempore, (Mr. COCHRANE.) That motion is not upon my mind, and I rejoice to know that the blessings which flow in order. . from good government are shared by men of all political parties. Cries of "Vote!" "Vote!" We have all read the letter in which General Hayes accepted the Mr. BURCHARD, of Wisconsin~ I rise to a question of order. I nomination for the Presidency, and I think its sentiments meet a trust that some slight degree, at least, of order will be preserved in hearty response in the feelings and are approved by the judgment of the Hall. the great mass of the people. The principles of this letter will be car­ The SPEAKER pro tempore. The Chair sustains the point of order. ried out honestly and fully. I say this because I know the man. I He has repeatedly requested the House to maintain order. The officers know his purpose is to give to the people of this country an admin­ of the House will see that gentlemen in the lobby be seated and cease istration satisfactory to every reasonable and just man in every por­ conversation. The gentleman from Wisconsin willsuspendhisremarks tion of it, from one end to the other. But this is a digression from until order is restored. the subject immediately before the House. Mr. WELLS, of Mississippi. I wish to call the attention of the Now, Mr. Speaker, I do not deem it necessary to discuss further the Chair to the fact that the noise comes from the front, and not from particular vote of ·this elector from Wisconsin, but I do desire to say the rea.r. a single word in reference to the case of the elector objected to from The SPEAKER pro tempore. The noise comes from the rear as well the State of Vermont. as from the front. Mr. PAGE. It is not in order to go back. [Great laughter.] [Mr. LYNDE and Mr. WALLING addressed the House. Their re­ Mr. LAWRENCE. I merely want to give my republican friends marks will appear in the Appendix.] on this side of the House some solace in reference to the vote that At the conclusion of his remarks, they were compelled to cast in the case of the elector Sollace from Mr. WALLING moved that the House take a recess until ten o'clock the State of Vermont. [Laughter.] I wish to show why it was we to-morrow morning. voted for the proposition in that instance that the vote of Sollace Mr. GARFIELD. I raise the point of order upon that. should not be counted. The SPEAKER. The motion is not m order. Mr. STEVENSON. Let me ask the gentleman a question f Mr. GARFIELD. I move the previous question on the resolution Mr. LAWRENCE. Very well. and amendments, if there is no desire to further continue the discus­ Mr. STEVENSON. I wish to ask the gentleman from Ohio whether sion. he did not vote in that case to exclude the vote of Sollace f The SPEAKER. The amendment of the gentleman from Wiscon­ Mr. LAWRENCE. I did ; and now I propose to bring solace to sin [Mr. CASWELL] will first be read and suumitted to the House. those who so voted. The Clerk read a.s follows: Mr. STEVENSON. That is to the other side f Resolved, That the vote of D. L. Downs be counted with the other votes of the Mr. SPRINGER. Is not this case exactly like the case of Sollace, eJectors of the State of Wisconsin, the objections thereto notwithstanding. the elector from Vermont, for whose exclusion the gentleman voted f Mr. LAWRENCE. I am coming to that. Mr. MILLS. I desire to withdraw my proposition and to offer it . Mr. Speaker, I voted for the proposition of the gentleman from as a substitute for a,ll the other propositions. New York [Mr. WooD] affirming that the vote of Mr. Sollace, a Mr. GARFIELD. Is that in order f presidential elector for the State of Vermont," be not counted." I The SPEAKER. The gentleman has a right to withdraw his pro­ did this in order t.o reach a final decision by the House. The Senate position. had already decided that the vote of Sollace should be counted. Un­ Mr. GARFIELD. Not to renew it. der the act of January 29, 1877, creating the electoral commission, all The SPEAKER. The gentleman can renew it as an amendment in electoral votes are to be counted unless rejected by the vote of both the second degree. Houses. The action of the Senate, therefore, determined that the vote Mr. GARFIELD. He cannot without consent renew it at any of Sollace should be counted, no matter what the House might decide. other place than where it was. The question was therefore settled by the action of the Senate. But Mr. MILLS. I will state to the gentleman from Ohio [Mr. GAR­ I knew that if the House voted down the proposition of the gentle­ FIELD] who has always exhibited great fairness upon this floor-1 man from New York, [Mr. WooD,l then the whole question would be accord him that praise-that I first had the floor-- ope11; it would be left without a :final decision by the House at this The SPEAKER. The Chair desires that the gentleman from Texas point, and the entire controversy would be left unsettled. There may ha,ve a vote upon his proposition. ~ would then follow new propositions and dila~ory motions, which might Mr. GARFIELD. I do not object to that ; I only ask that it shall occupy a day or more in debate and which might prevent the two be kept in its place. Houses of Congress from completing the count of the electoral votes Mr. MILLS. It seems to be now in a place where it is so situated until the 4th of March; and it was to avoid this that, in common that I cannot have a fair vote upon it. with other republican members, I voted as I did. I believe that the Mr. WOOD, of New York. I think I can unravel the difficulty. electoral vote of Sollace was legal and valid and should be counted. The SPEAKER. The Chair thinks the difficulty is unraveled. • No vote of mine or of any republican member of this House was Mr. WOOD, of New York. I think not. I am myself anxious to intended to throw any doubt on this question. If it becomes neces­ give a vote in favor of the proposition of the gentleman from Texas, sary I will vote in the same way a-s to Downs, the Wisconsin elector, but I cannot concede for an instant that the resolution, proposition, and for the same rea ons. or motion, whatever he may term it, is germane to the question be­ If some result had not been reached in the case of Vermont, if de­ fore the House. I think that mixing it up with the original propo! bate had been allowed to go on, if dilatory motions had been permit­ sition of the gentleman from Wisconsin, [Mr. LYNDE,] making it as ted to be piled one upon another, and the yeas and nays or(lerecl upon it were the negative of that proposition, is entirely irrelevant to the each and all of them, this proceeding might have been prolonged until subject. 1 noon on the 4th day of March next. Then no result would have been If the gentleman will put his proposition before the House so that reached. Before that hour the gentleman from Texas [Mr. MILLS] it can be voted upon without any interference with the execution of would have urged some excuse for the resolution he introduced a• this law, which requires us to act upon the objection sent down to us few hours since. I must confess my great surprise that any gentle­ from the two Houses in joint meeting, then I am in favor of having man should propose to this House that it should now assume the right a vote upon it. of determining that there has been no election when we have not yet :Mr. MILLS. I will state to the gentleman from New York, and I finished the counting of the vobes. do so in no unkind spirit, that I had the floor before he or any other That gentleman has invited this House, before the two Houses of gentleman in this House; had it on a question of privilege to offer Congress have finished the work ~f counting the electoral votes and my resolution alone. w bile that duty is in progress, to take the ad vice of J eFe. Black. By Mr. WOOD, of New York. I do not dispute that. this I understand he alludes to the advice so recently given by that Mr. MILLS. The Chair advised me to withdraw it from that posi­ distinguished citizen in his argument before the electoral commission tion and to offer it as a substitute, telling me that I should have a when the objections to the electoral vote of South Carolina were be­ vote on it in that situation. In deference to the judgment of the fore it for consideration, and to that other advice which he gave when Chair I did so, but it seems to me now that it is not in a place where he declared that this House is the exclusive judge to decide when I can have a bonafide vote upon it in the House. there has been a failure to elect a President. The country took the Mr. WOOD, of New York. The Chair cannot make any agreement advice of Jere. Black on one occasion, a little more than sixteen years for the House ; the Chair does not assume to do so. ago, as the Attorney-General of President Buchanan, but unfortu­ The SPEAKER. Certainly not. nately it turned out to be the most expensive advice ever given or :Mr. WOOD, of New York. I know he does not. But I desire to

f 1877. CONGRESSIONAL RECORD-HOUSE. 2065 understand from the Speaker the position of t-his question. If the And wberea.s ~d commission refused to investi~ate the question as to who were proposition of the gentleman from Texas is the first to be voted upon, the true constitutional electors chosen by the qualified voters of said States· And whereas it appears in the count of the electoral votes in the presence 'of the as a substitute for all the other propositions, then I shall be com­ Senate and House ctors favorable to the election of Samnel J. Tilden for President and Thomas opportunity to vote for it, I cannot conscientiously vote for it at this A. Hendricks for Vice.President were duly and constitutionally elected by the time; and I appeal to the gentleman not to place in a false position qualified voters of the several States ; at this time his friends who are in full accord and sympathy with And whereas the returns of said election in the States of Louisiana and Florida were duly made to the officers in said State.

Mr. WHITE. I object to any unanimous consent. . Mr. WOOD, of New York. I submit that the House is dividing Mr. POPPLETON. I rise to a point of order. upon the amendment and it is too late to make that motion. Mr. BLAND. I desire to say that I understood-­ Mr. HALE. If the motion to lay on the table should prevail, it The SPEAKER. One at a time, if gentlerueu please. would carry everything with it. Mr. POPPLETON. I desire to raise tlJis point of order: The mo­ Mr. SPRINGER. I want to carry everything with it. tion for the previous question was made and sustained and the main Mr. GARFIELD. The House waa dividing upon the proposition. question was ordered. The previous question aa moved by the gen­ The SPEAKER. The House waa dividing upon the proposition. tleman from Ohio [Mr. GARFIELD] included this amendment of the If the gentleman had risen in time, the Chair would have recognized gentleman from Texas, [Mr. MILLS.] I appeal to the notes of the him. stenographer to prove the correctness of the assertion which I make. Mr. SPRINGER. I withdraw the motion. Therefore the proposition of the gentleman from Texas is included The question was then taken upon the amendment; and upon a. under the previous question. division there were-ayes 112, noes 98. The SPEAKER. If it is in order. Before the result of this vote was announced, Mr. POPPLETON. There was no question of order raised upon it. Mr. WALLING. I call for the yeas and nays. · The SPEAKER. The gentleman from Iowa. [Mr. McCRARY] re- The yeas and nays were ordered. served the point of order: Mr. COX. Before the roll-call commences I would like to ask Mr. POPPLETON. I call for the notes of the stenographer to bear whether the gentleman from Texaa will accept a modification of his out my assertion. proposition. The SPEAKER. The Chair recollects distinctly that the gentle­ The SPEAKER. That proposition will be entertained after the dis­ man from Iowa reserved all points of order against the proposition. position of this question. It is not now before the House. Mr. CONGER. Allow me to corroborate the statement of the The question was take.r;t; and there were-yeas 77, nays 136, not Speaker. When the Speaker proposed that the proposition of the voting 11 ; a.s follows : gentleman from Texas, if in order, might be submitted as an amend­ YEAS-Messrs. Adams, Ba~by, George A. Baglev. John H. Baker, William H ment, I arose in my place, as the Speaker may remember, and re­ Baker, Ballou, Banks, Belforu, Blair, Bra.dley, William R. Brown, Horatio C quested that he would not then decide whether the proposition was Burchard, Buttz, Cannon, Cason, Caswell, Chittenden, Conger, Crapo, Crounse or was not in order. Danford. Darrall, Davy, Denison, Dobbins, Dunne1l, Eames, E\'ans, Flye, Fort Foster, Freeman, Goodin, Haralson, Hathorn, Haymond, Hendee, Henderson, Hoge The SPEAKER. The Chair recollects that. Hoskins, Joyce, Kasson, Kimball, Lapham, Lawrenca, Lynch, Mackey, Map:oon, Mr. CONGER. And after making that request, the gentleman MacDougall, Morgan, Nash, Norton, O'Neill, Packer, William A. Phillip_s, Platt, from Iowa [Mr. McCRARY] rose and reserved all points of order Robinson, Rusk, Sampson, Sinnickson, Smalls, A. Herr Smith, Stowell, Strait, against the proposition. "Thornburgh, Van Vorhes, Waldron. Alexander S. Wallace, John W. Wallace, Warren. White, Willard, Charles G. Williams, William B. Williams, Alan Woocl, Mr. ·woOD, of New York. I made a point of order against it when jr., Woodburn, and \Voodworth-77. it was read. NAYS-Messrs. Ainsworth, Ashe, Atkins, John H. Bagley,jr., Banning, Bell, The SPEAKER. Is there unanimous consent that the proposition Blackburn, Bland Bliss, Boone, Bright, John Young Brown, Samuel D. Blu·· of the gentleman from Texas shall be voted upon as an independent chard, John H. Caldwell, William P. Caldwell, Candler, Cate, Caulfield, John B. Clarke of Kentucky, John B. Clark jr. of Missonri, Clymer, Co<'.hrane, Col· proposition T lins, Cook, Cowan, Cutler, De Bolt, Dibrell, Douglas, Eden, Egbert, Ellis, Finley, Mr. WOOD, of New York. At the proper time. Forney, Franklin, Frye, Garfield, Gause, Glover, Goode, Andrew H. Hamilton, Mr. BURCHARD, of illinois. After the count has been completed. Hancock, Hardenbergh, Benjamin W. Harris, John T . Harris, Harrison, Hartzell, Mr. WADDELL. Will the Chair recognize me to make-- Hatcher, Henkle, Hoar, Holman, House, Hubbell, Humphreys, Hurd, Hyman, Jenks, Thomas L. Jones, Kelley. King, Knott, Lamar, Franklin Landers, George The SPEAKER. The Chair will recognize no one until all gentle­ M. Landers, Lane, Leyy, :Maish, McCrary, l'rfcDill, McMahon, Meade, Miller, Mills, men are seated. Monroe, Morrison, Mutchler, Neal, New, O'Brien, Oliver, Page, John F. Philips, Mr. 'VALLING. I rise to make a privileged motion. . Pierce, Plaisted, Platt, Poppleton, Potter, Rainey, Rea, John Reilly, James B. The SPEAKER. The gentleman is not recognized by the Chair-to Reilly, Rice, Riddle, John Robbins Miles Ross, SObieski Ross, Savage. Sayler, Scales, Seelye, Sheakley, Singleton, &ut-hard, Sparks, Springer, Stanton, Stenger, make any motion. Stone, Teese, Terry, Thompson, Throckmorton, Washington Townsend, Tucker, After a pause, Tufts, Turney, John L. Vance, Robert B. Vance, \Vaadell, Gilbert C. Walker, The SPEAKER !!aid: The Chair will hear the gentleman from Walling, Watterson, Erast.us \Vells, G. Wiley Wells, Whiting, Whitthorne, North Carolina, [Mr. WAD DELL.) Wi.j!gi.ngton, W1ke, Andrew Williams, Alphens S. Williams, James Williams, Jere N. Williams, Willis, James Wilson, Fernando Wood, and Yeates-136. Mr. WAD DELL. I rise to a parliamentary inquiry. The House NOT VOTING-Messrs. Abbott, Anderson, Bass, Beebe, Blount, Bradford, Buck· seems in a dilemma upon this matter. The Chair has ruled, as I un­ ner, Burleigh, Cabell, Campbell, Carr, Chapin, Cox, Culberson, Davis, DUI·and, derstand, that if objection is made this proposition cannot be enter­ Durham, l!'aulkner, Felton, Field, Fuller, Gibson, Gunter, Hale, Robert Hamilton, Henry R. Harris, Hartridge, Hays, Abram S. Hewitt, Goldsmith W. Hewitt, ffill, tained at this time. I now ask the Chair if, after the House has Hooker, Hopkins, Hunter, Hunton, Hurlbut, Frank Jones, Kehr. Leavenworth, Le voted upon the proposition in regard to the 'Visconsin vote, and Mr. Moyne, Lewis, Lord, LuttrellliLynde, McFarland, Metcalfe, Milliken, Money, Odell, Hayes has been elected, will the proposition then -De in order f Payne, Phelps, Piper, l'owe , Purman, Reagan, William M. Robbins, Roberts, The SPEAKER. The Chair will recognize the gentlelllan from Schleicher, Schumaker, Sleruons, William E. Smith, Stephens, Steven. on, Swann, Texas to offer the proposition. Tarbox, Thomas, Martin.!. Townsend, Wait~ Charles C. B. Walker, Walsh, Ward, 1\lr. WADDELL. After the conclusion of the count. Warner, Wheeler, Whitehouse, Wilshire, Benjamin Wilson, and Young-77. . The SPEAKER. The gentleman can then move to suspend the So the amendment of Mr. CASWELL was not agreed to. rules and adopt his proposition. During the roll-call the following announcements were made: Mr. GARFIELD. I call for the regular order. Mr. SCALES. My colleague, Mr. DAVIS, is absent on account of Mr. STENGER. Can a separate vote be taken upon the preamble illness. of the resolution Y Mr. STONE. The gentleman from Kentucky, Mr. DURHAM, the The SPEAKER. Under a motion-to suspend the rules and passihe gentleman from Georgia, Mr. HARRis, and the gentleman from Indi­ preamble and resolution, the question is not divisible, for the sus­ ana, Mr. CARR, are absent on account of sickness. Mr. CARR, if pres- pension of the rules will include the suspension of the rule which ent, would vote "no." · allows a division of the question. 1\lr. JOHN REILLY. My colleague, Mr. HOPKINS, is absent on ac­ Mr. EDEN. I call for the regular order. count of sickness. Mr. WALLING. I rise to make a privileged motion, and !insist upon Mr. GOODE. The gentleman from West Virginia, Mr. WILSON, is my right to do so. I move to reconsider the vote by which the House absent on account of sickness. ordered the main question upon the resolution of the gentleman from Mr. A. S. WILLIAMS. My colleague, Mr. DuRAND, has been kept Wisconsin. away from the House during all these proc.eediogs in the electoral The SPEAKER. That has already been done. count by severe sickness. Mr. WALLING. That has not been done-at least within my hear­ Mr. HOUSE. The gentleman from New York, Mr. HEWITT, is ab­ ing. sent on account of illness. The SPEAKER. The gentleman is mistaken. He certainly will The result of the vote was announced, as above stated. not contradict the Chair. The question recurring on the resolution of Mr. LYNDE, it Wa8 Mr. WALLING. I did not int.end to do that. I wan ten to say-­ agreed to. The SPEAKER. The gentleman from Maine [Mr. HALE] made Mr. LYNDE moved to reconsider the vote just taken; and also the motion to reconsider and to lay that motion on the table. moved that the motion to reconsider be laid on the tabl6. Mr. HALE. I myself made that motion, and it was carried. The later motion was agreed to. Mr. EDEN. I call for the regular order. Mr. WOOD, of New York. I now ask that the Senats be notified. The SPEAKER. The regular order is upon the amendment of the The SPEAKER. The law requires that. gentleman from Wisconsin [Mr. CASWELL] to the proposition of the :Mr. MILLS. As I have been deceived in regard to my proposition gentleman from Wisconsin farthest from the Chair, [Mr. LYNDE.] I withdraw it. I do not care to be stultified by having a vote on the Mr. SPRINGER. Let that amendment be read. resolution after both Houses have declared the election of a President The Clerk read aa follows: of the United States. Resolved, That the vote of D. L. Downs be counted with the other votes of the Mr. BLACKBURN. I ask that Rule 134 be enforced and that these electors of the State of Wisconsin, the objections thereto notwithstanding. lobbies be cleared. [Cries of "0, no."] . The question waa taken by a viva voce vote, but before the result Mr. KASSON. Let there be a warning that order must be preserved, was announced, or the lobbies and the galleries will be cleared. Mr. SPRINGER said: Is it iu order to move to lay that upon the Mr. GARFIELD. If the Spertker g1ves a caution that no demon· table Y If so, I make that motion. . strations will be allowed, that. will no doubt be sufficient. 2068 CONGRESSIONAL R.ECORD-HOUSE. MARCH 1,

The SPEAKER. The Chair desires to state to gentlemen on the The PRESIDING OFFICER. In announcing the final result of the :floor and in the galleries that no expression of approval or disapproval electoral vote the Chair trusts that all present, whether on the floor· will be aJlowerl; and any one iu the galleries guilty of such demon­ or in the galleries, will refrain from all demonstrations whatever ; stration will be put under arrest. that nothing shall transpire on this occasion to mar the dignity and COUNTING THE ELECTORAL VOTE. moderation w~ch have characterized these proceedings in the main, so reputable to the American people and worthy of the respect of the At five minutes before four o'clock a.m. the Doorkeeper announced world. the Senate of the United States, who entered the Hall, headed by The whole number of the electors appointed to vote for President their President pro ternpO're, and accompanied by their Sergeant-At­ and Vice-President of the United States is 369, of which a majority Arms and Doorkeeper. is 1R5. The PRESIDENT p1·o tempm·e of the Senate took the chair as pre­ The state of the vote for President of the United States, as deliv­ siding officer of the joint meeting. erecl by the tellers, and as determined under the act of Congress ap­ The PRESIDING OFFICER. The joint meeting of the two Houses proved January 29, 1877, on this subject, is: of Congress for counting the electoral vote resumes its session. The Houses acting separately having considered a?d de~ermined the ob­ For Rutherford B. Hayes, of Ohio ... __ .•.... __ . ·-...... 185 votes jection to the certificate from the State of W1sconsm, the Secretary For Samuel J. Tilden, of New York·----···---···---· .... 184 votes of the Senate will read the resolution of the· Senate. And the state of the vote for Vice-President of the United States, The resolution was read, as follows: us delivered by the tellers, ancl as determined under the act of Con­ Ruolved That the vote of DanielL. Downs as an elector for the State of Wiscon­ sin be cou'nted to.,.ether with the other nine electoral votes of that State, the ob­ gress approved January, 29, 1877, on this subject, is: Jections made thereto to the contrary notwithstanding. For William A. Wheeler, of New York ...... ·----· ...••. 185 votes The PRESIDING OFFICER. The Clerk of the House will read the For Thomas A. Hendricks, of Indiana .. _- .•. _•.. - .. -. . . . . 184 votes resolution of the House. Wherefore, I do declare-- The resolution was read, as follows : That Rutherford B. Hayes, of Ohio, having received a majority of Resolved That the vote of Daniel L. Downs, as an elector of the State of Wis­ the wbo]e number of electoral votes, is duly elected President of the consin, sh~uld not be counted, because be held an office of trust and profit under the United States, and therefore was not constitutionally appointed an elector by United States for four years, commencing on the 4th day of March, said State of Wisconsin. 1877. And that William A. Wheeler, of New York, having received a ma­ The PRESIDING OFFICER. The two Houses not having con­ jority of the whole number of electoral votes, is duly elected Vice­ curred in an affirmative vote to reject, the vote of the State of Wis­ President of the United States for four years, commencing on the 4th consin will now be counted. Tellers, announce the vote of the State day of March, 1877. of Wisconsin. This announcement, together with the list of the votes, will be en­ Mr. ALLISON, (one of the tellers.) The State of Wisconsin casts tered upon the Journal of the two Houses. 10 votes for Rutherford B. Hayes, of Ohio, for President, and 10 votes The count of the electoral vote being completed, and the result de­ for William A. Wheeler, of New York, for Vice-President. clared, the joint meeting of the two Houses is dissolved. The Sen­ The PRESIDING OFFICER, (at five minutes past four o'clock a. ate will now retire to its Chamber. m. March 2, 11:f77.) This concludes the count of the thirty-eight The Senate accordingly retired from the Hall of the House of Rep­ St~tes of the Union. The tellers will now ascertain and deliver the resentatives at ten minutes past four o'clock a.m., March 2, 1877. result to the President of the Senate. The SPEAKER then resumed the chair and called the House to Mr. ALLISON (one of the tellers) announced the result, as follows: order. List of votes for P1·esident and Vice-Pre.aident of the United States for the Mr. TUCKER. I move that the House do now adjourn. constitutional tenn to commence on the 4th day of March, 1877. Mr. ATKINS. I hope the gentleman from Virginia will withdraw that motion and allow us to take up the Army appropriation bill. Mr. TUCKER. I think after snch a scene as has now transpired For President.. For Vice-Presi- we should adjourn. I insist on my motion. dent. The motion was agreed to; and accordingly (at four o'clock and eleven minutes a.m.) the House adjourned till twelve o'clock m. rD ,; 0 ~ ~ ,.!::1 I» 0 .;il ciS ~~ $~ ~ ..... ~-; ,.<::l~-; .;;~ States. l'll'l PETITIONS, ETC. Od ~-~ ~~ ~~ ~-..... 'E@ "'=>!;!:: 't:l The following petitions, &c., were presented at the Clerk's desk o..,. ,...Q ~~

By Mr. THOMPSON: The petition of James C. McKee, that the Mr. RANSOM presented the credentials of :M. C. Butler, elected by consummation of the crime against the country by the action of the the Legislature of South Carolina a Senator from that State for the electoral commission may be prevented by using all legal means, to term commencing March 4, 1877; which were read and ordered to be the Committee on the Judiciary. filed. By Mr. W .ADD ELL: Resolutions of the Legislature of North Car­ PETITIONS AND MRl't:IORIALS. olina, favoring the construction of a Southern Pacific Railroad, to the The PRESIDENT pro tempore presented a petition of Robert S. Committee on the Pacific Railroad. Kennedy, John 1!'. Henry, and many others, bankers and merchants By Mr. WALDRON: Jomt resolution of the Legislature of Michi­ of the city of New York, praying for the immediate completion of gan, for an appropriation to construct a light-bouse on the point of the couut of the electoral vote; which was ordered to lie on the table. Little Traverse Harbor, Michigan, to the Committee on Commerce. He also presented a petition of E. T. Kendrick and 30 others, of By Mr. W. B. WILLIAMS : Joint resolution of the Legislature of Florida, praying for cheaper telegraphic facilities and that the tele­ Michigan, of similar import, to the same committee. graph business be transferred to the superintendence of the Post-Office Department; which was referred tQ the Committee on Post-Offices • and Post-Roads. He also presented a resolution of the Legislature of Michigan, in favor of the passage of a law providing for a survey of Portage Lake, IN SENATE. Manistee County, Michigan, with a view to the construction of a harbor of refuge; which Wa.B referred to the Committee on Commerce. FRIDAY, Ma1·ch 2, 1~77. He also presented a memorial of the Legislative Assembly of Mon­ The Senate met at twelve o'clock noon. tana. Territory, in favor of the passage of a law providing for the Prayer by the Chaplain, Rev. BYHON SUNDERLAND, D. D. sale of a portion of their school lands, the proceeds of which shall On motion of Mr. CAMERON, of Pennsylvania, and by unanimous be used in maintaining their schools; which wM referred to the consent, the reading of the Journal of yesterday's proceedings was Committee on Public Lands. dispensed with. He also presented a memorial of the Legislative Assembly of Mon­ EXECUTIVE COMl\roNICATION. tana Territory, praying the passage of an act to so amend the organic The PRESIDENT pro tempore laid before the Senate a letter of the act of that Territory as to permit and authorize the Legislative As­ Secretary of War, transmitting, for the information of the Committee sembly of that Territory to prescribe the mode and manner for the on Military Affairs, a letter of the Adjutant-General of the 24th in­ election of certain officers; which wM referred to the Committee on stant, touching the memorial of the General Assembly of Colorauo Territories. asking for an appropriation for a military wagon-road from White He also presented a memorial of the l;egisla.tive Assembly of Mon­ River agency, Summit County, to Hot Sulphur Springs, Grand tana Territory, in favor of the establishment of a mail-route from County, Colorado; which was referred to the Committee on Military Bozeman City, Montana Territory, to the city of Cheyenne, in the Affairs, and ordered to be printed. Territory of Wyoming; which was referred to the Committee on Post­ He also laicl before the Senate a message from the President of the Offices and Post-Roads. United States, transmitting, in response to a resolution of the 27th He also presented a petition of H. H. Porter and 130 others, praying instant, a report of the Secretary of State relating to the payment of an appropriation for the survey of the outlet to Portage Lake, Michi­ moneys claimed to be now due the Dominican government from the gan, which was referred to the Committee on Appropriations. Government of the United States; which was referred to the Com­ He also presented a resolution of the Legislature of the State of mittee on Appropriations. Michigan in favor of an appropriation for a light-bouse at the en­ trance of Little Traverse Harbor, Michigan ; which was referred to EDWARD A. LELAND- VETO MESSAGE. the Committee on Appropriations. The PRESIDENT p1·o tempore laid before the Senate the following Mr. CAMERON, of Pennsylvania, presented two petitions of citi­ message from the President of the United States; which was read: zens of Pennsylvania, praying the repeal of the law imposing taxes To the Senate of the United States : on the deposits, circulation, and capital of all banks; which were referred to the Committee on Finance. en1~iede"~! ~~~~~r ~~e~li!r ~~~!~tf.tt~~::a. ~pproval, Senate bill No. 691, He also presented resolutions of the City Council of Philadelphia, The reasons for withholding my approval may be found in the accompanying asking the retention of the original draft of the Declaration of Inde­ communications received from the Secretary of the Interior. U.S. GRANT. pendence in the exposition established in that city; which were re­ EXECUTIVE MANSION, Februar'lj 28, 1877. ferred to the Committee on the Library. He also presented a resolution of the Franklin Institute of Penn­ DEPARTMENT OF THE h"'TERIOR, sylvania, in favor of an appropriation for the establishment of a Washington, February 27, 1877. colony in the Arctic regions for the purpose of making explorations, Sm: I have th~onor to return herewith the bill (S. 691) entitled "An act for &c., in the direction of the North Pole; which was referred to the the relief of Edward A. Leland," accompanied by copy of a letter from the Com­ Committee on Military Affairs. mis ioner of Patents suggesting an objection to the bill in its present form, and He ::Wso presented a memorial of the Philadelphia. Board of Trade, to recommend that it be returned to Congress for amendment in accordance with the s:~fagestions of the Commissioner. remonstrating against any change in the present tariff a.nd intemal have the honor to be, very respectfully, revenue laws; which was referred to the Committee on Finance. Z. CHANDLER, He also presented a petition of citizens of Pittsburgh, Pennsyl­ Secretary. vania, praying for the passage of House bill No. 4298, for the im­ The PRESIDENT. provement of the Youghiogheny River in Pennsylvania; which was referred to the Committee on Commerce. DEPARTMENT OF THE INTERIOR, UNITED STATF.S PATENT OFFICE, Washington, D. C., February 27, 1877. Mr. McCREERY presented the petition of A. Buford, of Midway, Kentucky, praying the removal of his political disabilities; which Sm: In the matter of the enrolled bill {8. No. 69~) extending letters-patent of Edward S. Leland, I bave the honor to report that said letters.patent were granted was referred to the Committee on the Judiciary. for an impro-ved pain~-can, August 141 1860, for the term of fourteen years, that Mr. CLAYTON presente(l the petition of Lewis Downing, James they consequently exp1red on the 14th uay of August, 1874, whereupon the inven­ McDaniel, Paulina Jones, and others, pra.ying for relief for military tion became the property of the public. The present act proposes to extend the term of the patent seven years from said services rendered by them from March 25, 1863, t.o May 31, 1865; 14th day of August, 1874, and ¢ve to them the same effeot in law as if they had which was referred to the Committee on Military Affairs. been oriuinally granted for the term of twenty-one years. He also presented a petipion of citizens of Sebastian and Franklin It will l>e seen. therefore, that those who have innocently used and purchased the Counties, Arkansas, praying for the extension of a mail route from invention. since the expiration of the letters-patent on the 14th of August, 1874 under the i~pression that th~ inven~on was the property of the public, will, by Charleston to Alma; which was referred to the Committee on Post- tho retroactive terms of the b1ll, be liable for damages for such use upon snits for Offices and Post·Roads. - infringement. Mr. KERNAN presented a memorial of head-men and warriors of This hardship is f;enerally, if not alwa:vs, provided against by a proviso to such the Seneca Nation of New York Indians, residing on the Alleghany In­ bills, setting forth m terms "that no person shall be held liabie for the infrinue­ ment of said patent, if extended, for makinrr use of said invention since the e~fra. dian reservation, remonstrating against the passage of the bill to tion of the original term of said patent and prior to the date of its extension.' amend the act of February 19, 1875, in respect to leasing lands on Unless 11uch a proviso is incorporated into the present bill the injustice alluded said reservation; which was referred to the Committee on Indian Af­ to may be done. Very respectfully, your obedient servant, fo.irs. ELLIS SPEAR, REPORTS OF CO:\fl\IITTEES. Commissioner of Patents. RoN. z. CHANDLER, Mr. MORRILL, from the Committee on Public Bnildin~s and Secretary of the Interior. Grounds, to whom wa.s referred the bill (H. R. No. 4112) directmg the Mr. MORRILL. As I do not see the chairman of the Committee on Secretary of the Treasury to report upon the necessity of a public Patents in the Chamber, I move that the message be referred to the building at Rochester, New York; reported adversely thereon, and Committee on Patents. the bill was postponed indefinitely. The motion was agreed to. He also, from the Committee on Finance, to whom was referred the bill (H. R. No. 3925) relating to the production of fruit brandy, and CREDENTIALS. to punish frauds connected with the same, reported it with an amend­ Mr. KELLY presented the credentials of La Fayette Grover·, elected ment. by the Legislature of Oregon a Senator from that State for the term Mr. WRIGHT, from the Committee on Claims, to whom was re­ commencing March 4, 1877; which were read and ordered to be filed. ferred the bill (H. R. No. 401) for the relief of Mrs. Flora A. Darling,.